Software Escrow: An enterprise resiliency tool every legal department should have in their toolbox (with Don Dennis Jr.)
IP|Trend: Discovering Source Code
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
The US Court of Appeals for the Fifth Circuit granted a writ of mandamus ordering the transfer of a case, finding that the district court’s denial of the motion to transfer “was so patently erroneous” that the extreme measure...more
In Compulife Software Inc. v. Newman, 959 F.3d 1288 (11th Cir. 2020), the United States Court of Appeals for the Eleventh Circuit examined the intersection between technology and improper use or acquisition of trade secrets....more
The US Court of Appeals for the Sixth Circuit affirmed a district court’s summary judgment grant with respect to a copyright infringement claim related to technical drawings, and reversed the court’s summary judgment grant...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
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
In the most recent ruling in a lengthy and procedurally complex criminal case, a New York trial court dismissed a computer programmer’s criminal conviction under New York’s Unlawful Use of Secret Scientific Material law for...more