Software

News & Analysis as of

Managing global telecom supply chains – What telecommunications companies need to know about trade control laws

Maintaining a global supply chain brings its share of commercial, financial, and regulatory risks. Increasingly, telecommunications companies with global operations and suppliers are finding that U.S. trade control laws...more

Your Daily Dose of Financial News

The emissions cheating scandal that recently cost VW $4.3 billion and a mess of criminal indictments isn’t, it seems, confined to the Germans. We heard months ago about a similar probe into Mitsubishi, and yesterday we...more

DSM Watch: European Commission's data package explores data ownership, localization, liability and portability, highlighting...

On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”. The fact sheet states that “data is a new type of...more

FTC Charges Taipei Based D-Link for Inadequate Security of Computer Routers and Cameras

The Federal Trade Commission (FTC) has filed a complaint in Northern California against D-Link for putting thousands of consumers at risk over the past decade for failing to have adequate security practices in its routers and...more

"OFAC Eases Restrictions on the Export of Medical Devices to Iran"

On December 22, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced amendments to the general license (GL) that authorizes the export or re-export of certain medical devices to Iran....more

New Jersey Tax Court Clarifies Sales Tax on Software

The New Jersey Tax Court recently issued a decision concluding that pre-written software sold on tangible media was tangible personal property for New Jersey sales tax purposes. Notwithstanding this decision, most business...more

“It’s In The Game” – Proof Issues In Software Copyright Infringement Cases

A recent Ninth Circuit decision in Antonick v. Electronic Arts, Inc. (filed Nov. 22, 2016), shows some of the proof issues that a plaintiff may encounter in prosecuting claims for copyright infringement in connection with...more

Medical Software and the 21st Century Cures Act

The 21St Century Cures Act, Pub. L. No. 114-255, 130 Stat. 1033, was signed into law on December 13, 2016. This expansive statute addresses topics ranging from investigational drug clinical trial design, mental health...more

Kayak Software Corp. v. International Business Machines Corp. (PTAB 2016) - PTAB Follows Strict Application of CBM Statute...

Petitioners, KAYAK Software Corp., OpenTable, Inc., Priceline.com LLC, and The Priceline Group Inc. filed a Petition requesting a covered business method (CBM) patent review of claims 1–9 and 12–17 of U.S. Patent No....more

Digital Health Solutions are Key to Success under Health Care Payment Innovations

Digital health—the intersection of health care related software applications, analytical tools, medical device technology and electronic data assets that are enabled and achieved through the use of the internet and hand-held...more

Toys Not Immune from Scrutiny Over Privacy and Security Weaknesses

In the wake of the holiday season, it seems that even toys are not immune from privacy and security pitfalls. Two “connected” toys, Genesis Toys’ My Friend Cayla and i-Que robot, have been accused of violating U.S. and...more

Dropbox Gets “Thru” on Summary Judgment With Successful Laches Defense

“The Ninth Circuit has stated that laches is seldom susceptible of resolution by summary judgment,” but the federal district court for the Northern District of California recently held just that in Dropbox Inc. v. Thru Inc....more

Artificial Intelligence Litigation: Can the Law Keep Pace with The Rise of the Machines?

Artificial intelligence, or AI, is the broad conceptual term for the technologies or systems making it possible for computers to perform tasks involving human-like decisionmaking, intelligence, learned skills and/or...more

More Digital Health Device Makers Expected to Seek FDA Clearance

Investors are increasingly interested in companies with technologies that will be subject to U.S. Food and Drug Administration (FDA) regulation. Until recently, some investors shied away from companies targeting the...more

Employment Law Navigator – Week in Review: December 2016 #2

Last week, fast food CEO Andrew Puzder was selected by the incoming administration to lead the U.S. Department of Labor. Puzder is currently the CEO of CKE Restaurants, which owns fast-food chains Carl’s Jr. and Hardee’s....more

Blippar App: Introducing Facial-Recognition Software for your Smartphone

Blippar, an augmented reality app, recently released its facial-recognition software which allows users to scan faces with their smartphones. The Blippar app makes it possible for people to scan faces (from print, TV or in...more

The 21st Century Cures Act and Its Effect on Digital Health

New legislation includes a broad regulatory exemption for medical software. On December 7, the US Senate passed the 21st Century Cures Act and sent it to President Barack Obama, who has promised to sign it. This new...more

Cloud-Computing Lessons using Software as a Service (SaaS)

Long before anyone referred to “the cloud” as something related to the Internet, software companies began shifting away from expensive, customized, on-site software implementations to something we used to call Software as a...more

Substantial Transformation of IT Products Under the TAA Requires Careful Consideration

The Trade Agreement Act (“TAA”) utilizes a “substantial transformation” test in determining the country of origin of an end product composed of various parts from various countries. Substantial transformation is assessed and...more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #2

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their...more

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more

Lessons from Adobe’s State AG Data Breach Settlement

Last month, several state Attorneys General announced a $1M settlement with Adobe Systems, Inc. in connection with a 2013 data incident involving the personal information of roughly 534,000 consumers. The 15 Attorneys General...more

DHS Guidelines for IoT Device Security

In a recent post, we noted that the US federal government has become increasingly concerned about the security of Internet of Things (IoT) devices. On November 15, the US Department of Homeland Security (DHS) issued guidance...more

The Alice Effect on 3D Printing

3D printing technology evolves through advances in software, hardware, and materials. Inventions in 3D printing hardware and materials are eligible for U.S. patent protection. Software is a different story. The U.S. Supreme...more

Terms And Conditions For Your App: 6 Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website. Originally published in Law360,...more

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