by Michael Moore
The October, 2008, case In re Bilski (”Bilski”) involved a determination of whether claims directed towards a method of hedging risks in commodities trading were patentable subject matter under 35 U.S.C. 101. The Federal Circuit, sitting en banc, decided on October 30, 2008 that those claims were not patentable. (In re Bilski, [...]
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Posted in Software on Oct 20th, 2008
by Robert Swider
by Dennis Kambury
“Pluralitas non est ponenda sine necessitas." Occam’s Razor
Introduction
Humanity and technology have enjoyed a symbiotic relationship for hundreds of thousands of years, from the time of Homo erectus, whom many anthropologists believe were the first hominids to control fire. The control of fire and the use of stone tools were turning points [...]
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by Martin Medeiros
You read your morning mail. You notice a letter with the operative words “cease and desist,” “infringement,” or perhaps the more affable “invitation to license.” You think a “troll” has targeted you.
The pejorative term “patent troll” is often used to describe the sender of the type of letter described above. However, the term [...]
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by Martin Medeiros
The value of intellectual property (copyright, trademark, trade secret and patent) is subject to debate, but one dimension of the debate is beyond discussion. Intellectual property is increasing in value. Based on the percentage of the market value of a company, intellectual property is the highest valued asset of the publicly traded companies. In fact, [...]
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Posted in Software on Dec 26th, 2006
By Martin Medeiros
Commercial or proprietary software is licensed pursuant to a license created by the author. This so called “outbound licensing model” typically grants limited licenses, for a fee, to end users, allowing them to use the software and its associated intellectual property, with limited access to [...]
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Posted in Software on Dec 26th, 2006
By Martin Medeiros
Every creative entity must decide whether to share or not to share the fruits of one’s labor with others. And if one decides to share, under what protections or terms.[1] Creating software involves the popular option of a commercial license or the option of creating it under terms of an open source license. [...]
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Posted in Copyright, E-Commerce, Software on Dec 26th, 2006
By Martin Medeiros [1]
Never before has the power of production and distribution of intellectual property been so great, and the related costs so low. The Internet is the distribution tool for the masses. This does not mean, however, that legal principles have been thrown out the door. Indeed, the intent of the founding fathers of [...]
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