News & Analysis as of

Software Proprietary Information

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

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

K2 Integrity

A Strong Foundation: Safeguarding The Construction Industry In The Digital Age

K2 Integrity on

The adoption of new and advanced technologies has allowed for a digital transformation across business industries. Infrastructure and services supported by technologies such as artificial intelligence (AI), advanced analytics...more

Nextpoint, Inc.

Don’t Let Redactions Cause Distractions: How to Properly Censor and Remove Information when Reviewing and Producing Documents

Nextpoint, Inc. on

Redacted legal documents can create a host of issues when not handled properly during document review. Here are some common redaction mistakes – and tips on how to avoid them....more

Mintz - Intellectual Property Viewpoints

I Spy a Trade Secret: Conducting Proper Trade Secret Asset Management Review to Avoid Sufficiency Failure in Litigation

A recent trade secret matter pending in federal court in California shows the pitfalls of a company’s failing to do trade secret asset management before filing a trade secret lawsuit, and also highlights some important...more

J.S. Held

Geographic Information Systems (GIS) and Environmental Compliance

J.S. Held on

“Geographic Information System” (GIS) describes any computer system that incorporates data related to location. GIS can present several different data points in a single map, which allows users to view and analyze trends and...more

King & Spalding

FDA’s Final Clinical Decision Support Guidance: The Good News and the (Really) Bad News

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On September 28, 2022, the U.S. Food & Drug Administration (“FDA” or the “Agency”) published the long-awaited final guidance, “Clinical Decision Support Software” (the “Final CDS Guidance”). The Final CDS Guidance supersedes...more

Manatt, Phelps & Phillips, LLP

Read Your Contract: Prior Invention Assigned to Employer When Incorporated into Employer’s Software

In Apprio, Inc. v. Zaccari, the U.S. District Court for the District of Columbia held an agreement enforceable where if, in the course of employment, the employee incorporated a prior invention into the employer’s product,...more

Foley & Lardner LLP

Supplier Alert: Key Changes in Ford’s New Terms and Conditions

Foley & Lardner LLP on

Ford Motor Company (“Ford”) issued new Production Purchasing Global Terms and Conditions (“Terms”) related to the purchase of goods, services and tech products, including tooling and service parts purchased on or after July...more

Seyfarth Shaw LLP

Peloton Surges to the Top of the Leaderboard in Competitor Spat

Seyfarth Shaw LLP on

In 2012, Peloton rode into the home fitness scene with its now ubiquitous at-home exercise bike, which features a tablet that allows riders to stream both live and pre-recorded classes while competing against other riders on...more

Seyfarth Shaw LLP

California Appellate Court Rules Publication of Trade Secrets, Even Without Owner Consent, Eviscerates Protection

Seyfarth Shaw LLP on

It is axiomatic that in order for information to be considered a trade secret, it must have been kept secret. But what if the trade secret is disclosed without the owner’s consent? Such was the issue in Intellisoft, Ltd. v....more

Fisher Phillips

Lessons From The Waymo v Uber Trade Secrets Trial

Fisher Phillips on

Just hours after the Eagles clinched their upset Super Bowl win over the Patriots, a different battle royale began in a San Francisco courtroom between an established juggernaut and its upstart rival. For techies and trade...more

McCarter & English, LLP

No Trade Secret in Visual Aspects of Software: The Need for Non-Compete Agreements

A federal appeals court recently ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. Because trade secret...more

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