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Appeals Software Copyright Infringement

McDermott Will & Emery

Insuring Innovation: Software Code May Be Protected as an Arrangement

McDermott Will & Emery on

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

McDermott Will & Emery

Late Expert Report Dooms Copyright Case

McDermott Will & Emery on

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

Sheppard Mullin Richter & Hampton LLP

Divided Federal Circuit Makes Controversial Ruling That Nonliteral Elements of “Cloned” Software Are Not Protectable Because It...

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

McDermott Will & Emery

Ahoy There : If License Terms Not Clearly Intended to Be a Condition Precedent, It’s a Covenant

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

McDermott Will & Emery

Liability for Copyright Infringement Attaches if Conduct Exceeds Scope of License

The US Court of Appeals for the Ninth Circuit revived a software owner’s copyright infringement suit because the district court erred in granting summary judgment of no infringement by failing to analyze whether the accused...more

Vedder Price

Google v. Oracle and the Future of Software Development

Vedder Price on

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

Sheppard Mullin Richter & Hampton LLP

Intellectual Property Outlook: Cases and Trends to Follow in 2020 – Part 1

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

McDermott Will & Emery

Trebled Damages Means No Injunction for Knock-Off Software

McDermott Will & Emery on

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

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Requires Fair Use Evaluation Before Issuing DMCA Take-Down Notices

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

Snell & Wilmer

Writ of Certiorari Denied in Oracle v. Google: Software Declaring Code, Including Structure, Sequence, and Organization Remains...

Snell & Wilmer on

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

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