News & Analysis as of

Software Copyright Trade Secrets

McDermott Will & Emery

Insuring Innovation: Software Code May Be Protected as an Arrangement

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The US Court of Appeals for the Eleventh Circuit once again remanded a trade secret and copyright dispute involving software for generating life insurance quotes, finding that the district court erred by failing to consider...more

Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more

Kidon IP

Legal Protection for the Software Arts — Part 5

Kidon IP on

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works. A software rights owner does not have to publish, affix...more

Farella Braun + Martel LLP

Artificial Intelligence Can’t Patent Inventions: So What?

The USPTO’s recent landmark decision (16/524,350) concluding artificial intelligence (AI) cannot be a named patent inventor perhaps sparked fears of super-robots inventing critical technologies that, alas, receive no patent...more

Cooley LLP

Alert: Combination Litigation: Recent Software Disputes at the Intersection of Trade Secret, Copyright and Patent Law

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In recent years, companies have increasingly needed to employ multiple, overlapping legal regimes – trade secret, copyright and patent law – to protect intellectual property such as software. Companies need to weigh the pros...more

McDermott Will & Emery

Federal Copyright Law Does Not Preempt Trade Secret Claim

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Addressing issues of preemption, the US Court of Appeals for the Fifth Circuit affirmed the district court’s decision that federal copyright law did not preempt the plaintiff’s trade secret claim because trade secret claims...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Trade Representative Issues 2016 Special 301 Report

On April 27th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR), issued the 2016 Special 301 Report. According to the USTR website, "[i]ntellectual property is a critical source of economic growth and...more

Robins Kaplan LLP

[Webinar] Keeping What is Yours Yours: Best Practices for Software Companies to Protect Their “Secret Sauce” - Feb. 9th, 1:00pm,...

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In today’s fast paced, if not neck-breaking, speed at which advancements in software development and platforms occur, one issue facing software companies is how to keep their competitors from obtaining the "secret sauce." ...more

McAfee & Taft

Common IP pitfalls every business can avoid

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As a business owner or manager, you have probably experienced or at least heard about costly and disruptive intellectual property infringement lawsuits. You may also be very concerned about protecting your company’s customer...more

Seyfarth Shaw LLP

Recent Developments on Copyright Preemption of Trade Secret Claims in the Fifth Circuit

Seyfarth Shaw LLP on

For the latest on the copyright preemption doctrine (codified at 17 U.S.C. § 301(a)) look no further than the Fifth Circuit, which, together with its district courts, issued a string of recent decisions regarding the...more

Orrick - Trade Secrets Group

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

Robins Kaplan LLP

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

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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

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2013

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Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

Levenfeld Pearlstein, LLC

Taxation Of Computer Software Sales: Ordinary Income, Capital Gain, Or Both?

The taxation of computer software is complex, confusing, and in some circumstances, uncertain; although self-created computer software is routinely sold today, especially with the significant increase in the number of...more

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