The SaaS Tacks – The Ins and Outs of Negotiating SaaS Contracts
Employment and Workplace Discrimination Issues In Esports With Ruth Rauls and Lisa Koblin
Software Escrow: An enterprise resiliency tool every legal department should have in their toolbox (with Don Dennis Jr.)
Industry Implications of EO on Improving the Nation’s Cybersecurity
Humanizing AI In The Energy Industry
What’s Next?: Drones and transforming policy at GE
IP|Trend: New Era in Protection of Software by Intellectual Property Law?
Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more
Patent protection is perhaps the most contentious form of IP protection for software. There is no surer way to start a fight amongst the various interest groups interested in patents than to discuss software patents — both...more
In most jurisdictions around the world, the most common form of protection for software is copyright. In the US, ever since the Alice decision, copyright was thought to be the best form of protection for software. Given...more
The evolution of graphical user interfaces parallels the evolution of computing technology itself. As computers grow more powerful and sophisticated, so does their ability to display cutting-edge representations of...more
Earlier this week, the Federal Circuit reviewed a PTAB affirming the examiner’s rejection of claims directed to a computer-conducted method of "assigning and managing the rights to receive taxes when amounts are disbursed...more
On 16 October 2019, Advocate General Tanchev of the CJEU has issued his opinion in Sky v SkyKick one of the most intriguing trade mark cases at the moment which will likely have a significant impact on EU trade mark law....more
Rocksmith sued Yousician Oy, alleging infringement of its patent entitled "interactive guitar game." The patent discloses software for learning to play the guitar and provides an "effective way to provide interactive method...more
SRI Int’l, Inc. v. Cisco Sys., Inc., Appeal No. 2017-2223 (Fed. Cir. Mar. 20, 2019) - In a decision following trial, the Federal Circuit addressed the issue of the eligibility of patent claims directed to technology meant...more
Federal Circuit Summary - Before Lourie, O’Malley, and Stoll. Appeal from District of Delaware. Summary: Under step one of Alice, a claim is not directed to an abstract idea when it recites a specific technique to...more
Much of the modern economy is driven by software development. Companies are creating and refining new apps that run on mobile devices, and using machine learning to provide users with personalized user interfaces and...more
Post-Alice, the United States Patent and Trademark Office (“PTO”) is aggressively rejecting software claims under the Alice two-part test, the parameters of which many examiners are still trying to understand. Not...more
In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc. et al., the Federal Circuit offered rare guidance on the contours of patent eligible subject matter under § 101. The two related asserted patents, both entitled...more
Software methods can be patented in the United States if the application is prepared to describe and claim subject matter legally defined as being patentable. Under Alice Corp. v. CLS Bank International, 134 S. Ct. 2347...more
At first glance, the development of Section 101 jurisprudence appears chaotic. The Supreme Court captured several different kinds of problems in Alice and its earlier patentable-subject-matter opinions, and the Federal...more
Over the years, it has proven difficult to fit software in any one category of IP protection. And while software’s ability to seemingly transcend patents, copyright, and trade secrets provides software developers and...more
The Federal Circuit overturned a District Court ruling that a patent directed to automated lip synchronization and manipulation of animated characters’ facial expressions was invalid under Section 101 as being an abstract...more
The Federal Circuit has released its long-awaited opinion in McRo v. Bandai, reversing the lower court’s decision that the claims were ineligible subject matter. McRo’s invention in U.S. 6,307,576 was a method used in 3D...more
The notion of strategic claim drafting, which experienced patent practitioners understand, is all about writing specific, narrowly defined claims to cover the strategically important “choke points” in a value chain. The...more
There are many ways to obtain intellectual property protection for software creations. Many keep the software code confidential and maintain the software as a trade secret....more
Yesterday, the Federal Circuit issued a decision in Williamson v. Citrix that includes an en banc portion that broadens the circumstances in which claim limitations may be deemed means-plus-function limitations. This appears...more
Speeding up a blueprint generation process that can be done by hand does not make computer software eligible for patenting. So reasoned the New Hampshire district court in another of a bevy of post-Alice district court...more
The process of developing software typically involves the use of abstractions of concrete concepts to describe the operations performed by a computer and objects of such operations. Some software abstractions are so familiar...more