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Software Intellectual Property Protection IP License

Smith Anderson

Copyright Liability Could Cost You and Your Business

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Businesses can unknowingly infringe others’ copyrights in all kinds of ways. It’s important for copyright holders to know their rights. It’s also important for those using copyrighted content to be aware of common pitfalls...more

Husch Blackwell LLP

Delaware Court Grants Summary Judgment to Plaintiff in Machine Learning / AI Copyright Case

Husch Blackwell LLP on

Albert Einstein is credited with saying “the measure of intelligence is the ability to change.” In September 2023, Judge Stephanos Bibas—sitting by designation in the District of Delaware—denied plaintiff Thomson Reuters’...more

Morgan Lewis - Tech & Sourcing

Service Agreements Who Should Own Developed Intellectual Property

In the case of the ownership of intellectual property (IP) developed by a supplier as part of a service agreement with a customer, should the traditional position that the customer should own all developed IP always be the...more

BakerHostetler

[Podcast] The Build-Operate-Transfer (BOT) Model: Careful Consideration

BakerHostetler on

The BOT model continues to be of great interest to companies, courtesy of its cost-saving structure, access to bigger talent pool, opportunities for resource and financial control and security. Our attorneys have been...more

BCLP

Reviewing SAAS Agreements in the Age of AI

BCLP on

The development and implementation of AI-powered tools, including in SaaS platforms, have experienced a meteoric rise over the course of the last year. Businesses are understandably looking to realize competitive advantages...more

Morgan Lewis - Tech & Sourcing

Where’s the Money? Options for Commercializing Technology, Part 2: White-Label Arrangements

In our prior post in this two-part series on less commonly discussed technology commercialization options, we addressed how open-source software (OSS) providers may make money on their products. In this Part 2, we’ll look at...more

Morgan Lewis - Tech & Sourcing

Where’s the Money? Options for Commercializing Technology, Part 1: Open Source Software

When the topic of technology commercialization strategies comes up, the most common options typically mentioned include the sale of a technology or building a business around technology by selling products or providing...more

Robins Kaplan LLP

In No Uncertain Terms - Strategies For Assessing And Mitigating Risk In Technology And Software License Disputes

Robins Kaplan LLP on

Software providers, asset managers, and licensees can consider various strategies to help assess risk and effectively negotiate software license compliance disputes. Software is the heartbeat of every industry. Rapid changes...more

Morgan Lewis - Tech & Sourcing

Next-Gen Business Process Outsourcing: Who Owns the IP?

As noted in our recent blog posts, The Rise of Next-Gen Business Process Outsourcing and Key Contracting Issues to Consider, the core premise of next-gen business process outsourcing (BPO) includes (1) the leveraging of...more

Epiq

Software Escrow: An enterprise resiliency tool every legal department should have in their toolbox (with Don Dennis Jr.)

Epiq on

Jerich Beason is joined by Don Dennis, who is an attorney focusing on copyright and trademark infringement, Internet law, defamation, trade secret misappropriation, data security breach, and privacy law. Jerich and Don...more

Morgan Lewis

Insight: Best Practices for Leveraging Open-Source Software and Mitigating Its Risks

Morgan Lewis on

Across industries, open-source software provides the foundation for a significant number of applications, with open-source components per commercial application growing more than six-fold in the last five years. ...more

Morgan Lewis - Tech & Sourcing

Important Considerations When Tech Service Providers and Life Science Companies Collaborate in the Digital Health Space

When negotiating a digital health collaboration agreement between a tech company and a life sciences company, whether for the development of artificial intelligence or other software, the provision of data hosting and...more

Sheppard Mullin Richter & Hampton LLP

Open Source-ish! What Defines Open Source and Why it Really Matters in Investments and Acquisitions

The number of different open source licenses is growing and the variation in their terms and complexity is increasing. A number of licenses that appear to be, or are commonly referred to as “open source” do not actually meet...more

Sunstein LLP

U.S. Navy is no [Software] Pirate Despite Making 430,000 Extra Copies

Sunstein LLP on

On September 20, the U.S. Court of Federal Claims dismissed a $600 million copyright infringement claim against the U.S. Navy. Bitmanagement Software GMBH v. United States involved virtual reality software that the Navy...more

Proskauer - New Media & Technology

Common Software Licensing Language at Issue in IP Dispute

Licensors of software typically utilize software license agreements providing for their ownership of the licensed software and related IP, as well as restrictions barring licensees from reverse engineering the code at issue....more

Foley & Lardner LLP

Re-Thinking Supply Chain Contracts in the World of Connected Things

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As the pace of innovation increases at an ever faster rate, many products that traditionally may not have been thought of as involving computers or software are incorporating these elements. In 2007, the iPhone revolutionized...more

Mintz - Health Care Viewpoints

Building a Health App? What You Need to Know

Last week, Apple announced the new Apple Watch Series 3 which will feature an enhanced heart rate app. The app will notify you when it detects an elevated heart rate even when you are not working out. The sensor will also be...more

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