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Looking for Clarification on Means-Plus-Function Claiming? Here Are 4 Things You Should Know

Photo of Phillip WolfeBy Phillip Wolfe on Posted in Software
In Rain Computing, Inc. v. Samsung Elecs. Co., No. 2020-1646 (Fed. Cir. Mar. 2, 2021), the Federal Circuit reversed a judgment of non-invalidity and in doing so provided clarity to its post-Williamson (792 F.3d 1339 (Fed. Cir. 2015)) means-plus-function case law and the required disclosure of structure to avoid an indefiniteness issue. This guidance is … Continue Reading

Risks and Rewards of Digital Therapeutics in Treating Mental Disorders – Part III

By Michael Stein on Posted in Software
Legislative Exclusions of Software (21st Century Cures Act) The 21st Century Cures Act (Cures Act), signed into law on Dec. 13, 2016, was designed to accelerate medical product development and bring new innovations faster and more efficiently to patients who need them. Interesting aspects of the Cures Act include that it streamlines FDA procedures to … Continue Reading

Risks and Rewards of Digital Therapeutics in Treating Mental Disorders – Part II

By Michael Stein on Posted in Software
The Promise of Digital Therapeutics According to Wikipedia, digital therapeutics can be defined as a treatment or therapy that utilizes digital health technologies to spur changes in patient behavior. The first mention of the term in a peer-reviewed research publication was in 2015, in which Dr. Sepah et al. defined “digital therapeutics” as “evidence-based behavioral … Continue Reading

Risks and Rewards of Digital Therapeutics in Treating Mental Disorders – Part I

By Michael Stein on Posted in Software
Introduction More Americans than ever before are suffering from mental and emotional distress. In the United States, the mental health problem is exacerbated by issues across infrastructure, government and culture. However, because the resources for those living with mental health issues are constrained,[1] startups could have a big impact. In particular, we believe that digital … Continue Reading

Important Copyright Protections for Software to be Addressed in Pending Federal Circuit Appeal

Photo of Chad RutkowskiBy Chad Rutkowski on Posted in Software, Technology
In December 2014, Cisco Systems, Inc. sued rival ethernet switch provider Arista Networks, Inc., for more than $300 million because it allegedly infringed Cisco’s copyrights in operating system software that manages Cisco switches. Curiously, Cisco did not claim that Arista infringed the copyright in the software’s source code, which many understand to be the subject … Continue Reading

As FDA Ramps Up Digital Health Program, BakerHostetler Hosts a Medical Device Connectivity Webinar Addressing Digital Technology Considerations

Photo of Lindsay HolmesBy Lindsay Holmes and Shannon McCue on Posted in Software
Recent reports indicate that Food and Drug Administration (FDA) plans to build a digital health unit within and assign a number of digital scientists to the Center for Devices and Radiological Health. The digital health unit addresses the proliferation of digital technology and software being used in the medical community, specifically in medical devices. As … Continue Reading

Major 101 Decision – Enfish v. Microsoft

By Michael Stein on Posted in Patent, Software
Today in Enfish v. Microsoft, the Federal Circuit held software claims patent eligible, reversing the district court’s grant of summary judgment on 101. This is a major decision because it is only the second since Alice where the Federal Circuit has held patent claims eligible (DDR being the first). Further, the case heavily emphasizes that … Continue Reading

Epic Verdict in Trade Secrets Case

By Regina Culbert on Posted in Software, Trade Secret
Last week, a federal jury in Wisconsin awarded almost $1 billion to Epic Systems Corporation in its trade secrets case against Indian consulting company Tata Consulting Services, Ltd., and its American unit, Tata America International Corporation. Epic provides software for medical groups, hospitals, and integrated health care organizations. Tata was hired by one of Epic’s … Continue Reading

Can Software Be Created As a Work-for-Hire?

Photo of Chad RutkowskiBy Chad Rutkowski on Posted in Copyright, Software
In early February a decision out of the Southern District of New York added another layer of dicta supporting the notion that software created by an independent contractor can qualify as a work-for-hire. In Stanacard, LLC v. Rubard, LLC, 2016 U.S. Dist. LEXIS 15721 (S.D.N.Y. February 3, 2016), the court found in dicta that work … Continue Reading

Take Care in Using Consumer Data to Drive Dynamic Pricing of E-Commerce

By Alan L. Friel on Posted in Software
Co-authored by: Hannah Bloink Dynamic pricing is the practice of offering different prices to consumers based on various factors designed to maximize sales and profits, which may include the retailer’s perception of the willingness of a particular consumer to pay at a given price point, often in connection with other factors such as a given … Continue Reading
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