• July 13, 2010 | New York Law Journal

    Recent Rulings Highlight Software Licensing Disputes

    Licensed computer software is fully integrated into many companies' businesses in today's technology-driven environment. Licenses for the software or related content are sometimes tenaciously negot

    1 minute read

  • Medical Solutions, Inc. v. C Change Surgical LLC

    Publication Date: 2008-09-17
    Practice Area:
    Industry:
    Date Filed: 2008-09-09
    Court: Fed. Cir.
    Judge: Zagel, District Judge
    Attorneys: For plaintiff: For plaintiff-appellant: John Moran, Holland & Knight, Washington, D.C.
    for defendant: For defendant-appellee: Tonya Deem, Kilpatrick Stockton, Winston-Salem, N.C.

    Case Number: 2007-1163

    Published opinionBefore BRYSON, PROST, Circuit Judges, and ZAGEL,*fn1 District Judge.Medical Solutions, Inc. ("MSI") appeals from a final judgment of the United

  • January 15, 2013 | New York Law Journal

    EU's 'UsedSoft' Ruling Tackles User Rights in Licensed Software

    Many users might be surprised to learn that the software running on their computers is "licensed," not "sold," and subject to contractual restrictions that may not necessarily

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  • January 12, 2011 | New York Law Journal

    Process Patents in the Wake of 'Bilski'

    This past summer, the U.S. Supreme Court issued its decision in Bilski v. Kappos, an appeal that pose

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  • April 13, 2012 | New York Law Journal

    Recent Ruling May Extend ITC's Reach in Trade Secrets Disputes

    In 2011, a record number of complaints were filed with the International Trade Commission, a federal agency that investigates claims of infringement of statutory intellectual property rights

    1 minute read

  • Reserve Management Company, Inc., Plaintiff v. Willkie Farr & Gallagher LLP, Rose F. Dimartino, Defendants, 11 Civ. 7045

    Publication Date: 2012-10-01
    Practice Area:
    Industry:
    Court: U. S. District Court, Southern District
    Judge: District Judge Paul Gardephe
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 11 Civ. 7045

    Cite as: Reserve Management Co., Inc. v. Willkie Farr & Gallagher LLP, 11 Civ. 7045, NYLJ 1202572840549, at *1 (SDNY, Decided September 25, 2012)Distr

  • April 10, 2012 | New York Law Journal

    The ITC and Trade Secret Misappropriation

    In 2011, a record number of complaints were filed with the International Trade Commission (ITC), a federal agency that investigates claims of infringement of statutory intellectual property r

    1 minute read

  • E-Pass Technologies, Inc. v. Moses & Singer, LLP

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Date Filed: 2010-11-05
    Court: C.A. 1st
    Judge:
    Attorneys: For plaintiff: ROSEN SABA, LLP, James R. Rosen and Adela Carrasco for Plaintiff and Appellant.
    for defendant: DUANE MORRIS LLP, Richard Hoffman and Robert L. Fineman; NIXON PEABODY LLP, Isabelle L. Ord; KEKER & VAN NEST LLP, Elliot R. Peters, Wendy J. Thurm and Steven A. Hirsch for Defendants and Respondents.

    Case Number: No. A127025, A127067

    Cite as 10 C.D.O.S. 14076E-PASS TECHNOLOGIES, INC., Plaintiff and Appellant, v. MOSES & SINGER, LLP, et al.

  • November 10, 2010 | New York Law Journal

    In Focus: First Sale of Licensed Software

    Buyers of hardcover books do not garner any rights in the author's copyright, but may freely sell used copies or give them to friends. Indeed, under the first sale doctrine of the Copyright Act, co

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  • Wolfchild v. United States

    Publication Date: 2009-03-18
    Practice Area:
    Industry:
    Date Filed: 2009-03-10
    Court: Fed. Cir.
    Judge: Bryson, Circuit Judge.
    Attorneys: For plaintiff: Attorney for plaintiffs-appellees Sheldon Peters Wolfchild, et al.: Erick Kaardal, Mohrman & Kaardal, Minneapolis.
    for defendant: Attorney for amicus curiae Shakopee Mdewakaton Sioux (Dakota) Community and Prairie Island Indian Community: Steven Gordon, Holland & Knight, Washington, D.C. Attorney for defendant-appellant: Aaron Avila, Department of Justice, Washington, D.C.

    Case Number: 2008-5018

    Before RADER, BRYSON, and PROST, Circuit Judges.This case comes to us on interlocutory appeal from the Court of Federal Claims. The plaintiffs in the underlying action claimed that the government b