News & Analysis as of

Software Infringement

Mintz

Healthcare Provider Beware: Massachusetts Federal Court Largely Permits Tracking Technologies and Wiretapping Claims To Proceed

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In the privacy world, pixels, cookies, and tracking technologies get all the attention these days. Plaintiffs and regulators alike have been working to persuade courts nationwide that the presence of third-party tracking...more

ArentFox Schiff

AI in 2024: What Every GC Needs to Know

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As we enter into this second full year of the artificial intelligence (AI) revolution, a clear understanding of the technology and its legal implications becomes crucial for every General Counsel (GC). From understanding...more

Linda Liu & Partners

Judicial Rules for Determining "Infectiousness" of GPL through Case Studies

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GPL (General Public License) is one of the widely used licenses for open-source software. GPL requires derivative code based on GPL open-source code to also be distributed under GPL, ensuring open-source availability. This...more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

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In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

Sheppard Mullin Richter & Hampton LLP

Solving Open Source Problems With AI Code Generators - Legal issues and Solutions - PART 1 - LEGAL ISSUES

AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise...more

Hogan Lovells

Augmented reality and e-commerce: IP implications of a powerful alliance

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This year, the pandemic forced brands to reinvent themselves to stay virtually close to customers. A surprisingly high number of companies quickly turned to augmented reality ("AR"), recognizing the strong power of this...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

Morris James LLP

Pretrial Motions Are Decided Before Trial

Morris James LLP on

Helios Software, LLC, et al. v. Spectorsoft Corporation, C.A. No. 12-81-LPS -MPT, May 22, 2015 Stark, C. J. The court makes various pretrial rulings in advance of a June 15, 2015 jury trial. ...more

Nossaman LLP

Good Faith Belief In Patent Invalidity Is No Defense To Claim Of Inducing Infringement

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Commil, USA, LLC sued Cisco Systems, Inc. for patent infringement and inducing patent infringement with regard to Commil’s patented method of implementing short-range wireless networks. Today, in Commil, USA, LLC v. Cisco...more

Stinson LLP

Supreme Court Decision Eliminates Defense to Claim of Inducing Infringement

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The U.S. Supreme Court ruled Tuesday, May 26 that a good-faith belief that a patent is invalid is not a defense to a claim of inducing infringement. Commil USA, LLC v. Cisco Sys., Inc., No. 13-1986 (May 26, 2015). The Supreme...more

Knobbe Martens

Software Copyrights in an Evolving Digital World

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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

Mintz - Intellectual Property Viewpoints

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

McDermott Will & Emery

Holy Non-Infringement, Batman!

McDermott Will & Emery on

Fortres Grand Corporation v. Warner Bros. Entertainment Inc. - The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more

Robins Kaplan LLP

Software and Trade Secrets: Rethinking IP Strategies after CLS v. Alice

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Historically, the patent system has provided broad protections to software innovations. In the past, software patent holders could prevent competitor infringement without much need for a comprehensive disclosure of the...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Fenwick & West LLP

The Problem of Patent Glossaries Part I: Ambiguity in Patent Claims and the Nature of Meaning

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What motivates the USPTO to consider the use of glossaries in patent applications is surely the hue and cry that software patents are frequently, if not inherently, vague and ambiguous, and that something must be done to help...more

Foley Hoag LLP - Trademark, Copyright &...

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

Fenwick & West LLP

Applying Can Openers to Real World Problems: The Failure of Economic Analysis Applied to Software Patents

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A shepherd is tending a huge flock of sheep in a field beside a country road. A man comes walking down the road and approaches the shepherd. "I bet you $100 against one of your sheep that I can tell you the exact number in...more

Knobbe Martens

Q&A With Knobbe's Ron Schoenbaum

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Ronald J. Schoenbaum is a partner in Knobbe Martens Olson & Bear LLP's Orange County and Silicon Valley, Calif., offices. He focuses on patent prosecution, strategic patent portfolio management, and infringement/validity...more

Orrick, Herrington & Sutcliffe LLP

Bowman v. Monsanto: Self-Replicating Biotech and Software Left at the Alter?

Today, in a case having the potential to upset the agricultural biotech industry, Justice Elena Kagan delivered the U.S. Supreme Court’s unanimous decision rejecting farmer Vernon Hugh Bowman’s patent exhaustion defense....more

Foley & Lardner LLP

USPTO Considers Best Practices to Improve Patent Application Quality

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In a Federal Register Notice published January, 13, 2013, the USPTO asks the public to consider potential best practices aimed at improving patent application quality ”in order to facilitate examination and bring more...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2012

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In This Issue: - Court Declines to Dish Out Preliminary Injunction in Commercial-Skipping Case Despite Likelihood of Infringement - Free and Open-Source Software Diligence in Mergers, Acquisitions, and Investments ...more

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