News & Analysis as of

Software Software Developers

BakerHostetler

Federal Circuit Reverses Ineligibility Finding on POV Cameras and Processing

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On September 9, the Court of Appeals for the Federal Circuit reversed a finding by the District Court for the Northern District of California that point-of-view camera claims were ineligible. ...more

Fenwick & West LLP

Seattle Tech Week Takeaways: How Software Investors Fund the Right Fit

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When an investor is thinking about betting on an up-and-coming software innovator, what do they look for? We asked, and they answered....more

King & Spalding

NIST Releases Series of AI Guidelines & Software in Ongoing Response to AI Executive Order

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The U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) recently announced the publication of three AI guidelines as well as its release of a software package aimed at helping organizations...more

WilmerHale

NIST Issues New AI Risk Mitigation Guidelines and Software

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On July 26, 2024, the National Institute for Standards and Technology (“NIST”), part of the Department of Commerce, released guidelines, a global engagement plan, and software covering various aspects of AI technology...more

Brownstein Hyatt Farber Schreck

Illinois District Court Issues Important Class Certification Decision in a Section 1 Antitrust Case

On July 22, 2024, Judge Rebecca R. Pallmeyer of the Northern District of Illinois issued a Memorandum Opinion and Order (“Opinion”), ultimately ruling to certify a class of vendors that provide back-end software to many of...more

Cooley LLP

California Federal Court Clears Path for Software Developers’ Potential Employment Discrimination Liability

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On July 12, 2024, in a landmark decision, the US District Court for the Northern District of California held that software developer Workday, a human resource management service provider for employers, can be held liable as...more

WilmerHale

USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence

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On July 17, 2024, the United States Patent and Trademark Office (USPTO) published guidance regarding the patent subject matter eligibility of claims concerning technology applicable to artificial intelligence (AI)....more

BakerHostetler

USPTO AI Examination Update Provides New Example Cases Analyzing Subject Matter Eligibility Under §101

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In a July 16 press release, The U.S. Patent and Trademark Office (USPTO) announced that it issued a guidance update on “patent subject matter eligibility to address innovation in critical emerging technologies including...more

A&O Shearman

Telemedicine software under scrutiny – German court classifies dermatology software as class IIa medical device under the MDR

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Telemedicine is getting more and more relevant to the healthcare industry, offering unprecedented access to medical services and enhancing patient care. However, telemedicine software providers often struggle with the...more

Holland & Knight LLP

Commerce Department: Final Determination of Russia-Backed Cybersecurity, Antivirus Software

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The U.S. Department of Commerce's Office of Information and Communications Technology and Services (OICTS) within the Bureau of Industry and Security (BIS) issued a Final Determination on June 20, 2024, pursuant to Executive...more

White & Case LLP

Newly passed Colorado AI Act will impose obligations on developers and deployers of high-risk AI systems

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The Colorado Artificial Intelligence Act will impose mounting obligations on developers and deployers of high-risk AI systems in an effort to protect consumers from discriminatory consequential decisions by such systems....more

Fenwick & West LLP

U.S. Imposes Sweeping New Sanctions and Export Controls on Russia and Belarus, including on Certain Software and Related Services

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Citing Russia’s “transition to a full war economy,” the United States imposed sweeping new sanctions and export controls on Russia and Belarus today, including companies and individuals that continue to supply Russia’s...more

Fenwick & West LLP

Upholding Fair Play: Legal Consequences for Cheat Developers

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EngineOwning, a Germany-based company, openly confessed to creating cheat software for the Call of Duty games published by Activision Blizzard. Cheat developers' actions can have legal ramifications, but holding them...more

Mayer Brown

Brazil Passes ‘Legal Framework for Games’ Legislation

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In early May, Brazil’s Law No. 14,852/2024 (the “Legal Framework for Games” or the “Framework”) was published. Originating as Bill No. 2796/2021, the legislation provides the necessary legal framework for the burgeoning...more

Bass, Berry & Sims PLC

Dispensing of a Significant Jurisdictional Hurdle, Federal Circuit Holds Incorporated EULA Confers Jurisdiction

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On March 6, the Federal Circuit held that a software company sufficiently established jurisdiction under the Contract Dispute Act (CDA) where its end-user license agreement (EULA) was incorporated into another contractor’s...more

Sheppard Mullin Richter & Hampton LLP

Paid in Full: GSA Approves Advance Payment for SaaS Licenses

GSA long has stated that the “MAS program is designed to mirror commercial buying practices.” (Don’t laugh – I’m serious! Slide 12 if you don’t believe me.) In the commercial marketplace, SaaS licenses are sold for set...more

Sheppard Mullin Richter & Hampton LLP

Finally Invited to the Party? Federal Circuit Opens the Door for Software Companies Selling Through Resellers to Bring a Contract...

In January 2022, we warned software companies selling indirectly against attempting to enforce the terms of their End User License Agreement (“EULA”) directly against the Federal Government based on the decision of the...more

Wiley Rein LLP

CAFC Releases Decision Addressing CBCA’s Jurisdiction over Software Developers Claiming to be Parties to a Procurement Contract

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In Avue Technologies Corporation v. Secretary of Health and Human Services, Administrator of the General Services Administration (Case No. 22-1784), the United States Court of Appeals for the Federal Circuit vacated the...more

Hinch Newman LLP

FTC Order Will Ban U.K.-Based Software Provider from Selling Browsing Data for Ad Purposes and Require It to Pay $16.5MM Over...

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On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more

BakerHostetler

Cookies, Pixels, Tags, Scripts, SDKs: What Are They Really, and What’s All the Fuss About?

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If you are participating in the digital advertising ecosystem, you likely are hearing a lot about pixels, tags, scripts and SDKs lately. But the terminology can be confusing, and terms are not always used consistently, making...more

BakerHostetler

The SaaS Tacks – The Ins and Outs of Negotiating SaaS Contracts

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Partners Matt Pearson and Craig Carpenter discuss the reasons behind the urgency of SaaS contract planning and the creative ways service customers can use the terms and agreements to their advantage. Questions & Comments:...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

Venable LLP

Preparing for the EU Cyber Resilience Act

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The European Union (EU) is poised to enact the Cyber Resilience Act (CRA), a comprehensive cybersecurity regulation with major implications for software and connected device manufacturers in the United States and globally....more

Robinson+Cole Data Privacy + Security Insider

CISA Alerts Manufacturers to Eliminate Default Passwords

On December 15, 2023, the Cybersecurity & Infrastructure Security Agency (CISA) issued a Secure by Design Alert and guidance on “How Manufacturers Can Protect Customers by Eliminating Default Passwords.”...more

BakerHostetler

Threat Actors Target Academic Researchers in Phishing Schemes

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The FBI has announced that university aerospace researchers, both foreign and in the U.S., have become a target of a specific phishing scheme that is being conducted by threat actors. Specifically, researchers with access to...more

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