Charles Bieneman
Principal author, The Software IP Report

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 files to whi… 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 Mutual In… 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. Cal. April… 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 secrets.  Wo… 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 law, of cou… 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.  Misrepresenting, i… 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 privilege,… 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 Trademark Office… Read More

Software Patent Means Claims Held Indefinite

A software patent means-plus-function claim is indefinite where the specification fails to disclose an algorithm that performs the recited function.  The Federal Circuit has now held that where a means limitation is associated wi… Read More

DMCA Copyright Infringement Safe Harbors Addressed by 2nd Circuit

In a high-profile case, the Second Circuit has defined contours of the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c); those provisions relieve a service provider of liability for certain copyr… Read More

Upcoming Webinar

Functional Claiming: Pitfalls and How To’s
October 18, 2018 at 12:00 pm EDT
Recent decisions under 35 U.S.C. §§ 101, 112, and 103 come into focus when viewed through a common lens. During the October webinar, Daniel Hegner of Bejin Bieneman discusses the convergence of federal court and PTAB decisions questioning funct…Register

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