B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Preliminary Injunction for Software Copyright Infringement

When can a plaintiff obtain a preliminary injunction relating to a customer’s use and distribution of copyrighted software beyond the scope of the customer’s license?  The court in Accusoft Corp. v. Quest Di… Read More

Impact of Therasense: Defendant Denied Motion to Plead Inequitable Conduct

In Pixion, Inc. v. Citrix Systems, Inc., No. C 09-03496 (N.D. Cal. April 16, 2012), the court denied Citrix’s motion for leave to amend its Answer to plead the affirmative defense of inequitable conduct because Cit… Read More

Ninth Circuit Affirms Narrow Construction of "exceeds authorized access" in the CFAA

The Ninth Circuit has affirmed that the phrase “exceeds authorized access” in the Computer Fraud and Abuse Act (CFAA) should be read to cover only accessing prohibited files, rather than making unauthorized use of fi… Read More

Business Methods Patents Still Being Asserted in Litigation

Business methods patents are alive and well, based at least on an anecdotal review of recent court filings.  Consider, for example, a case that I have selected more or less at random, Phoenix Licensing LLC v. Nationwide… Read More

Patent Infringement Notice Pleading: A Lesson from Contrasting Cases?

Two recent cases provide a contrast that may illustrate minimum notice pleading requirements for patent infringement plaintiffs.  In j2 Global Communications, Inc. v. Vitelity Communications, LLC, No. CV 11-07904 (C.D.… Read More

Intellectual Property Assignments Are Crucial

This item is mainly for non-lawyers.  The worst thing in the world is to have difficulty obtaining an assignment of source code ownership from a software developer, or for the developer to depart with valuable trade sec… Read More

Second Circuit Holds Software Is Not A Good Under Criminal Statute

In the context of the National Stolen Property Act, 18 U.S.C. § 2314 (“NSPA”), the Second Circuit has held that software is not a good.  United States v. Aleynikov, No. 11-1126 (2nd Cir. April 11, 2012).  In the l… Read More

Misrepresentation in UDRP Proceeding Violates ACPA

Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings are easy to bring, and, some say, easy to abuse.  One recent case, if the plaintiff’s allegations are true, illustrates the latter point.  Misrepre… Read More

Independent Contractors Are Covered by the Attorney-Client Privilege

Use of independent contractors is common in the tech world, especially in software development.  Communications between a company’s attorneys and an independent contractor may be protected by the attorney-client p… Read More

Section 101: USPTO Issues Preliminary Mayo Guidelines

In case you missed it, just a day after last month’s U.S. Supreme Court decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., a case with lessons for software patents, the U.S. Patent and Tradem… Read More

Upcoming Webinar

Christoper Francis and Charles Bieneman will conduct a two-part webinar to discuss best practices for preparing, and then prosecuting, patent applications at the USPTO. The presentation will dive underneath the basic legal requirements to provide ade…Register

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