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Orrick, Herrington & Sutcliffe LLP

No Harm, But Foul? FTC Sues Internet of Things Maker D-Link for Security “Vulnerabilities” Despite No Allegations of Breach

Shortly after the new year, the Federal Trade Commission filed suit in the Northern District of California against D-Link Corporation, a Taiwan-based maker of wireless routers, Internet Protocol (IP) cameras, and software...more

Morrison & Foerster LLP

Copyright: Europe Explores Its Boundaries - CJEU Draws the Line with the Resale of Back-Up Copies of Computer Programs

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Europe’s highest court has ruled that software owners have potentially greater rights to prevent the resale of back-up copies of their works than may exist in relation to the original licensed programs. The Court of...more

Fish & Richardson

Fifth Circuit Affirms $15 Million Trade Secret Award

Fish & Richardson on

On September 7, 2016, the Fifth Circuit in GlobeRanger Corp. v. Software AG affirmed a $15 million judgment in a trade secret case. Although much of the opinion focused on jurisdictional issues, the portion of the opinion on...more

Fenwick & West LLP

AliceStorm in the Dog Days of Summer

Fenwick & West LLP on

Over the past two months, the trends I've discussed in my previous blogs on AliceStorm have continued and become more entrenched. In particular, the Federal Circuit has been quite active, issuing nine decisions since late...more

McGuireWoods LLP

German Case Fails to Address Key Issue Regarding Software ‘Copyleft’

McGuireWoods LLP on

Caution remains the watchword for incorporation of “copyleft” software into proprietary software projects, as a German court has declined to provide insight into the reach of the influential free software license, the General...more

McDonnell Boehnen Hulbert & Berghoff LLP

Patentable Subject Matter after Alice: Best Practices for Responding to 35 U.S.C. § 101 Rejections

It has been over 20 months since the Supreme Court handed down the landmark decision in Alice Corp. v. CLS Bank Int’l, effectively limiting the scope of patent-eligible subject matter. In particular, software and business...more

BakerHostetler

USPTO Pilot Program: Trademark Registrations May Now Be Broadened To Account For Evolving Technology

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Trademark Office rules generally prohibit the broadening of goods and services identified in existing trademark registrations. But on September 1, the USPTO announced a new pilot program that will create a limited exception...more

Morrison & Foerster LLP - Social Media

Federal District Court: “Browsewrap” Terms and Conditions Provide Sufficient Notice to Defeat False Advertising Class Action

Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking a box or clicking an “I...more

Robins Kaplan LLP

Trade Secrets, Security, and Cloud Computing: Best Practices Now

Robins Kaplan LLP on

As businesses increasingly store and access confidential information in the cloud, questions arise as to how to safeguard a company’s private data once it becomes part of an external computing network. Standards for...more

Carlton Fields

Cybersecurity Coverage Litigation: Learning to Survive After the Second Wave Hits

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It’s a familiar pattern. First, new risks inspire legislation and regulations that impose new penalties. Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability...more

McDonnell Boehnen Hulbert & Berghoff LLP

Patent Litigation Report Raises Questions

A recent publication by PricewaterhouseCoopers announced that patent suit filings in 2014 had reduced by 13% from the prior year, and concluded that this "dramatic shift" was "[d]riven by Alice Corp. v. CLS Bank, which raised...more

Robins Kaplan LLP

Drafting Software Patents In A Post-Alice World

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It has been a challenging year for software patent owners following the Supreme Court’s decision in Alice Corp. v. CLS Bank International. Since that ruling was handed down, a large number of software patents have been...more

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