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Dr. Stephen Thaler’s attempts to obtain intellectual property protection for artificial intelligence were once again shot down by the courts, when the U.S. Court of Appeals for the District of Columbia affirmed that the...more
This case tested the contours of the landmark Google v. Oracle computer software code fair use decision. Astronics, a military aerospace contractor, was accused of copying code from Teradyne, a competitor, in order to ensure...more
In this edition of The Precedent, we outline the recent federal circuit decision in Bitmanagement Software GmbH v. United States (Fed. Cir. Jan. 7, 2025)....more
In a long-standing copyright dispute on its second visit to the US Court of Appeals for the Federal Circuit, the Court affirmed the modest damages award from the US Court of Federal Claims, ruling that a hypothetical...more
The US Court of Appeals for the Eleventh Circuit once again remanded a trade secret and copyright dispute involving software for generating life insurance quotes, finding that the district court erred by failing to consider...more
The US Court of Appeals for the Sixth Circuit weighed in for a third time on an eight-year copyright battle, this time finding that a district court did not abuse its discretion in excluding the plaintiff’s proposed expert or...more
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
Addressing the boundaries of a permanent injunction awarded to a major software developer, the US Court of Appeals for the Ninth Circuit largely agreed that the defending developer was in contempt for violating the order but...more
The Court of Appeals for the Federal Circuit (CAFC) affirmed a district court ruling that the asserted nonliteral elements of a software program were not copyright protectable, in part, because allegedly copied materials...more
The US Court of Appeals for the Federal Circuit held that the US Court of Federal Claims erred by failing to consider defendant’s non-compliance with the terms of an implied license, vacating the claims court’s finding of...more
In a wide ranging opinion, the US Court of Appeals for the Fifth Circuit held that copying unimportant database schema from a proprietary database did not constitute infringement. The Court also held that where the...more
The decade-old battle between two technology powerhouses—Google and Oracle—potentially reshaping the future of software will now continue into the Supreme Court’s next term. Referred to in the media as the copyright lawsuit...more
PART 1: IP ISSUES CURRENTLY PENDING BEFORE THE SUPREME COURT - In the first part of our series, we briefly summarize the intellectual property issues that the Supreme Court has already agreed to address in 2020. In...more
On November 15, 2019, the Supreme Court granted cert in Google LLC v. Oracle America Inc. For many observers, this was a long time coming; the parties have been litigating the underlying case since August 2010, and from its...more
The US Court of Appeals for the Fourth Circuit affirmed in part, reversed in part and remanded a district court finding that a defendant was liable for breach of a software license agreement and therefore infringed the...more
Addressing issues of preemption, the US Court of Appeals for the Fifth Circuit affirmed the district court’s decision that federal copyright law did not preempt the plaintiff’s trade secret claim because trade secret claims...more
In a significant rebuff of the California State Board of Equalization (BOE), the California Second District Court of Appeal held that a manufacturer’s sale of software on tangible media was exempt from sales tax under the...more
In a highly anticipated opinion in the so-called "Dancing Babies" case, the Ninth Circuit clarified this week the steps under the Digital Millennium Copyright Act ("DMCA") that copyright holders must take before issuing a...more
For the latest on the copyright preemption doctrine (codified at 17 U.S.C. § 301(a)) look no further than the Fifth Circuit, which, together with its district courts, issued a string of recent decisions regarding the...more
On June 29, 2015, the U.S. Supreme Court denied Google, Inc.’s petition for writ of certiorari, leaving intact the Federal Circuit’s holding that Oracle’s Java API software, and particularly the API declaring source code, is...more