Software

News & Analysis as of

ERP Licensing: Positioning Your Company For the Future (Part 2)

This is the second of two postings that outline key pricing protections you should consider negotiating with licensors of ERP software to provide flexibility and predictability in managing the ongoing license and maintenance...more

The Federal Wiretap Act and the Law of Unintended Consequences

The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent...more

Polsinelli Podcasts - Hear How the SCOTUS Ruling May Impact Patent-Eligible Subject Matter for Software [Video]

After the Alice decision last summer by the Supreme Court, a large number of business method and software patents have been invalidated or found unpatentable by federal courts and the Patent Office as being drawn to abstract...more

The Most Important Issue Involving Superfish Isn’t Superfish

Many of the media reports around the recent Superfish debacle completely miss the main issue. First, though, let's recap what's been alleged about Superfish and similar types of pre-installed software. The allegation...more

Software Claim Is Held Unpatentable; Disputed Terms Are Not Indefinite

Following a 9-day jury trial, a mistrial was declared due to a hung jury. The court granted JMOL with respect to invalidity of certain claims. New trial dates were set for remaining claims, and the court addresses here...more

Post-Alice District Court Decisions Regarding the Patent Eligibility of Computer-Implemented Inventions

It has been about 9 months since Alice Corp. v. CLS Bank International was decided by the Supreme Court. In that time, many district court and Federal Circuit cases have resulted in grants of summary judgment or dismissal...more

Draft Available Only as a Password-Protected Download Is Not a Printed Publication - Samsung Electronics Co. Ltd. v. Rembrandt...

Addressing a petition to institute an inter partes review of a patent for communicating between different modem types, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) declined to institute...more

Venture Funding Reaches Highest Level in More Than a Decade

Last month, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for 2014. The report, which is...more

New Authorizations to Export Personal Communications Items and Services to Sudan

On February 18, 2015 the Commerce Department’s Bureau of Industry and Security (“BIS”) and Treasury Department’s Office of Foreign Assets Control (“OFAC”) published changes to the Export Administration Regulation (“EAR”) and...more

Bargaining with Apple: Understanding the iOS Developer Program License Agreement

This article, which focuses on the iOS Developer Program License Agreement, is the second of two articles geared at helping app developers understand the fine print of the agreements they are asked to enter into with the...more

Disruptive Changes on the Horizon for Federal COTS Software Supply

Action Item: Firms making commercial off-the-shelf ("COTS") software sold to the federal government, or reselling COTS software to the federal government, should respond to the SBA’s recent proposed rule or risk a loss of...more

Alert: FDA Finalizes Guidance on Devices that Store and Transfer Data

The Food and Drug Administration (FDA) on February 6th, finalized guidance on certain medical devices that store and transfer data, opting for a very light regulatory touch. In its guidance, the FDA states that it doesn't...more

How to Fail in the Internet of Things

Innovation is prized in the growing space of the Internet of Things (IoT). But an innovative product design is not enough, and potential pitfalls abound. As demonstrated in a report published by the Federal Trade Commission...more

From Carjacking to Carhacking – Lessons for the Internet of Things

The Internet of Things (IoT) is coming and perhaps the first place we will see the proverbial rubber hit the road is with something near and dear to Americans – our cars. The ever increasing connectivity of cars is creating a...more

What are you implying?

Case law teaches contractors a valuable lesson when dealing with ownership of copyright. It is essential to deal with each party’s position, typically through a written copyright licence, to avoid pitfalls further down the...more

Twenty-Two Ways Congress Can Save Section 101

In the seven months since Alice Corp. Pty. v. CLS Bank Int’l was decided, over one hundred patents have been invalidated for claiming ineligible subject matter, more than the total number of patents invalidated under Section...more

Uber and Lyft Drivers: Employees, Independent Contractors, or Something Else Entirely?

Disruptive “technology” companies Uber and Lyft were back in court recently doing their best to ensure their business models are not upended by a ruling that their drivers should be classified as employees rather than...more

The En Banc Federal Circuit Hears Argument in Suprema, Inc. v. ITC

On Thursday, February 5, 2015, the en banc Federal Circuit heard oral argument in the matter of Suprema, Inc. v. ITC, reviewing its controversial panel decision holding that in ITC investigations induced infringement cannot...more

Lab Tuesday - How Not to Use Apple’s Identifier for Advertising (IDFA/IFA)

Recently, the mobile platforms have played an important role in improving end-user privacy. Along these lines, Apple, in or around iOS version 6.0, created a new, unique identifier that could be used in place of the UDID and...more

Holy Overreach, Batman! Fictional Software Trademark Row Rejected by Supreme Court

When Fortres Grand Corporation saw sales of its software program drop, it blamed – wait for it – Batman. Fortres’ software, called “Clean Slate,” erases user changes to public computers upon reboot, thus returning the...more

Status Updates - February 2015 #2

Social work. Enterprise social media platforms – i.e., Facebook-like platforms used by companies to facilitate communication and collaboration among their employees – are incredibly popular these days; by some estimates, it...more

Drone on Drones: The Drone You Own

In the wake of two drone crashes in recent weeks, manufacturer SZ DJI Technology announced its intention to send a firmware update that, if downloaded, would prevent DJI drones from taking off within the no-flight zone that...more

USPTO Provides Example Patent Eligible Software Claims

After the Alice decision last summer by the Supreme Court, a large number of business method and software patents have been invalidated or found unpatentable by federal courts and the Patent Office as being drawn to abstract...more

Open Source Software: The Costs of Non-Compliance

For software vendors, open source software (OSS) should be treated like a compliance issue - in the same way that corporate, securities or environmental compliance is a concern for many companies. The failure to manage...more

IRS Gives R&D Guidance on Internally Developed Software

The IRS issued new proposed regulations on January 20, 2015. These regulations are intended to provide guidance on how internally developed software applies to the R&D tax credit. ...more

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