Software Infringement

News & Analysis as of

Common IP pitfalls every business can avoid

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

Pretrial Motions Are Decided Before Trial

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

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

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

Supreme Court Decision Eliminates Defense to Claim of Inducing Infringement

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

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

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

Holy Non-Infringement, Batman!

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

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

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

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

Developments in Patent Law 2013; The D.C. Bar Year in Review

In this article: - Patentability, Validity, and Procurement of Patents - Interpretation and Infringement of Patents - Enforcement of Patents - Patents at the U.S. Supreme Court - Excerpt...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

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

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

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

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

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

Oracle v Google Update: Is refusing copyright protection to Application Programming Interfaces (APIs) the only way to achieve...

On 31 May 2012, U.S. District Judge William Alsup delivered a detailed judgement upholding the principle that APIs are not protected by copyright in the Oracle v Google case. Oracle filed an appeal to the ruling in October...more

Software Licenses and Indemnities: What Obligations Are You Taking On?

License agreements often contain indemnities. An indemnity is a contractual obligation to step in and reimburse some financial obligation such as a liability, loss, or damage. In essence, the party giving the indemnity will...more

Q&A With Knobbe's Ron Schoenbaum

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

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

USPTO Considers Best Practices to Improve Patent Application Quality

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

Click & Copy: Breach of Online License Agreements & Copyright Infringement

My article Click and Copy: Breach of Online License Agreements and Copyright Infringement was published in Canadian Intellectual Property Review in December. The enforceability of click-through licenses for online...more

Intellectual Property Bulletin - Fall 2012

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...more

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