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Archive for the ‘Software’ Category

Federal Circuit Court Provides Clarity on Patent Preemption Post-Alice

By Seán Finan – Edited by Grace Truong

The decision of the Federal Circuit Court clarified the SS101 exceptions to patentability relating to preemption and abstract ideas. The decision has important implications for the application of the Alice test and for software patents.

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Posted On Oct - 25 - 2016 Add Comments READ FULL POST

The EFF Challenges the DMCA Anti-Circumvention Provision: A First Amendment Fight

By Priyanka Nawathe – Edited by Kayla Haran

On July 21, 2016, the Electronic Frontier Foundation sued the United States government to overturn DMCA Section 1201, commonly referred to as the anti-circumvention provision. The EFF argues that this provision, designed to prevent circumvention of “technological protection measures,” actually chills research and free speech, and thus is a violation of the First Amendment.

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Posted On Aug - 4 - 2016 Comments Off READ FULL POST

Following an unfavorable verdict from a second jury and the Court’s denial of the first motion for judgment as a matter of law (“JMOL”), Oracle America, Inc. (“Oracle”) filed a renewed motion for JMOL pursuant to FRCP Rule 50(b). Oracle’s second motion, filed July 6, 2016, claimed that “no reasonable jury” could find that Google’s “verbatim [and] entirely commercial” copying of Oracle’s code, in order to compete with Oracle, was fair use.[1] The motion will be heard on August 18, 2016.

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Posted On Jul - 21 - 2016 Comments Off READ FULL POST

Federal Court Orders Apple to Unlock iPhone. Apple Refuses.

By Filippo Raso – Edited by Frederick Ding

Apple challenges federal magistrate judge’s order directing Apple to create software allowing the FBI to circumvent security measures in the San Bernardino terrorist’s iPhone. While the Department of Justice claims the court has legal authority to demand Apple’s assistance, Apple argues the order undermines broader consumer privacy and security.

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Posted On Mar - 29 - 2016 Comments Off READ FULL POST

Federal Circuit Invalidates Patent for Advertisement-Based Access to Online Content

By Amanda Liverzani – Edited by Yunnan Jiang

Applying the Supreme Court’s recent Alice Corp. v. CLS Bank decision that clarified the abstract idea exception to subject matter patent-eligibility, the Federal Circuit invalidated a patent for a method of accessing online content after viewing advertisements in Ultramercial, Inc. v. Hulu, LLC.

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Posted On Nov - 30 - 2014 Comments Off READ FULL POST
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