Software Copyright

News & Analysis as of

Texas Federal Court: Copyright Law Doesn’t Preempt Trade Secrets Claim Where “Extra” Elements Exist

We’ve blogged on trade secret preemption before, but we’ve usually focused on trade secrets claims preempting other types of claims, and not the other way around. But, as the cowboy in the cult-classic film The Big...more

How to Keep What is Yours: Practical Considerations for Healthcare IT Protection

One of the worst kept secrets is the experienced and expected growth in healthcare IT. In 2013, over $650 million was invested into healthcare IT companies, and the trend is continuing to grow. Combined with the fact that...more

Ultramercial v. WildTangent -- Petition for Writ of Certiorari

The Ultramercial story is not over. In the latest step of a controversial case involving 35 U.S.C. § 101 that has been ongoing since 2009, patentee Ultramercial has petitioned the Supreme Court for a writ of certiorari. The...more

MBHB Snippets: Review of Developments in Intellectual Property Law: Spring 2015 - Vol. 13, Issue 2

In This Issue: - After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation? - When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more

News Flash – Oracle v. Google Copyright Case

In its brief filed on May 26, 2015, the US Solicitor General (SG) advised the US Supreme Court to not hear Google’s appeal of a decision, from the Court of Appeals for the Federal Circuit, holding that copyright protection...more

Software Copyrights in an Evolving Digital World

In This Presentation: - Software Copyright & Interoperability - Program Language and Function Calls - An Example API in Java - Oracles’ Pattern of APIs - Google’s Copying - Questions? ..Copyright Issues -...more

Identifying Legitimate Software from Authorized Vendors to Avoid Copyright Infringement Claims

Scott & Scott, LLP attorney, Keli Johnson Swan, shares three red flags that can help software purchasers identify risky software....more

Patent and Copyright Protection for Software API

Recently the United States Court of Appeals for the Federal Circuit had a chance to weigh in on the IP protections afforded software. When deciding Oracle v. Google (Oracle America, Inc. v. Google Inc.), the Court concluded...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

Supreme Court Update: Jesinoski V. Countrywide Home Loans (13-684) And Whitfield V. United States (13-9026)

Greetings, Court fans! The Court returned to action yesterday with two quick-and-unanimous decisions on statutory construction, Jesinoski v. Countrywide Home Loans (13-684), addressing the time and manner for exercising...more

Intellectual Property 2014 Year In Review

There were a number of notable developments in patent case law in 2014. Key decisions from the Federal Circuit and Supreme Court tackled a variety of key issues, including patent eligibility of software and business methods,...more

In Light of Alice the Federal Circuit Flips – Finding Ultramercial Business Method Software Lacks Patent Eligibility

On Thursday, November 14, 2014, the Federal Circuit issued its latest decision in Ultramercial, Inc. v. Hulu, LLC and WildTangent, Inc., 2014 U.S. App. Lexis 21633 – a case that has been through a four-year appeal process and...more

Business Law Newsletter - November 2014

In This Issue: - Look Before You Click “Agree”: The Importance of Negotiating Your Company’s Software License Agreements - Fraud in Virginia - Common Myths about Copyright and the Internet - Excerpt from...more

Third Time Is the Charm for WildTangent Challenge of Patent Eligibility of Ultramercial Patent

In its third opinion reviewing the same district court decision, the Federal Circuit this time affirmed the district court’s grant of WildTangent’s motion to dismiss Ultramercial’s patent infringement complaint because the...more

Confidentiality & Sealing Orders in Software Disputes

Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a...more

Management’s Ignorance Is Not a Defense to Copyright Infringement Claims

One of the most common reactions to an initial software audit letter is that management had no knowledge of any potential violations, that the IT personnel behavior violated corporate policy, and that management did not...more

Sixth Circuit Affirms the Importance of Identifying Protected Elements of Copyrighted Software

Automated Solutions Corporation v. Paragon Data Systems, Inc. - The U.S. Court of Appeals for the Sixth Circuit confirmed that a party claiming infringement of copyrighted computer software must identify those...more

The Very Idea! Federal Circuit Rules Widely Used Java Code Is Copyrightable

A central doctrine in copyright cases is that only expression is copyrightable, not the idea itself. An idea may be expressed in many ways. It might be said, for example, that William Blake, through his mystical visions,...more

NewPoint Media Seeks Declaration of Non-Infringement of Easy IP Patent and Copyrights Covering Custom Advertisement Creation

NewPoint Media Group, LLC (“NewPoint Media”), filed a complaint in the Northern District of Georgia seeking a declaratory judgment against Easy Intellectual Property Licenses, LLC (“Easy IP”) declaring that NewPoint Media...more

API Protection Under Copyright Is Upheld by Federal Circuit

There has been a lingering, divisive question in the software industry as to whether application programming interfaces (APIs) are entitled to copyright subject matter protection. Critics argue that this type of source code...more

Software Publishers Use Internet Posts to Aid in Infringement Claims

Software publishers and audit associations are reviewing web sites and on-line profiles in an effort to aid in copyright infringement enforcement. Representations made on web sites and professional networking profiles has at...more

Madden Football Copyright Verdict Under Booth Review

Electronic Arts, Inc. (“EA”), owner of the $4 billion John Madden Football videogame franchise, thought it had a pretty good defense when Robin Antonick filed suit in the Federal Court for the Northern District of California,...more

Managing Risk for Licensing Agreements During Merger Activities

Scott & Scott, LLP attorney, Brian Von Hatten, says an inadvertent transfer of a software license in an M&A transaction may result in significant penalties, including but not limited to relicensing the software already...more

Social Media Law: Copyright

As a follow-up to our earlier post about Revoking an “Implied” Software License, this interesting US case (Davis v. Tampa Bay Arena Ltd.) deals with the use of photographs on Facebook postings....more

A Tale of Caution: Know Your Intellectual Property Rights

On 17 May, Mrs Justice Asplin delivered a judgment in the Chancery Division of the High Court of Justice. The dispute concerned intellectual property rights in hedge fund computer software that was the "cornerstone of the...more

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