Tag Archives: software

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

By Phillip Wolfe on March 3, 2021 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

Podcast: Open Source is Everywhere: A Primer for Compliance

By Timothy D. Casey on February 18, 2021 Posted in Podcast

Despite the fact that open source or so-called “free” software has been available for more than 30 years, and is likely used in the vast majority of software programs being developed today, many people remain confused as to what it is, how licensing it works, and how is it different from software in the public … Continue Reading

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

By Lindsay Holmes and Shannon McCue on June 9, 2017 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

Important Federal Circuit Decision Provides More Clues on Software Eligibility

By Brendan Clark on September 15, 2016 Posted in Patent

On Sept. 13, 2016, the Court of Appeals for the Federal Circuit gave applicants and patentees another tool with which to argue for the patent eligibility of their software innovations, finding that McRO’s lip-synchronizing patents were eligible under 35 U.S.C. § 101. Judge Reyna, joined by Judges Taranto and Stoll, determined that representative claim 1 … Continue Reading

Major 101 Decision – Enfish v. Microsoft

By Michael Stein on May 12, 2016 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 April 21, 2016 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?

By Chad Rutkowski on March 1, 2016 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