April 19, 2017

The most important asset most tech companies possess and hold dear to their heart is their source code.

Whether its artificial intelligence, automated cars, Internet of Things or enterprise security, our business and personal lives are driven by software. Thus naturally when a company acquires another, the source code behind the acquired products represents a major contributor to the value of that acquisition.

The way source code is conceptualized, structured, written and managed in companies has dramatically changed in the last 15 years. Until the late 1990s when open source and cloud computing concepts were not as prevalent, most source code was developed in silos where a...

December 21, 2016

"Few tasks excite a defendant less... Engineers and management howl at the notion of providing strangers, and especially a fierce competitor, access to the crown jewels. Counsel struggle to understand even exactly what code exists and exactly how it can be made available for reasonable inspection. All sorts of questions are immediately posed... Put simply, source code production is disruptive, expensive, and fraught with monumental opportunities to screw up." 

Apple Inc. v. Samsung Elecs. Co., No. 11-1846, 2012 U.S. Dist. LEXIS 62971, *10-11 (N.D. Cal. May 4, 2012) (ECF No. 898).

The last five years have seen an enormous change in the U.S. judici...

October 21, 2016

The pendulum against covered business methods and software continues to swing backward or forward depending on whom you ask. Patent litigation statistics from 2014 and 2015 show that patent litigation on the whole decreased by over 13% - while NPEs in general increased their share of filings in the last year. America Invents Act and Alice-related decisions failed to rein in the number of case filings, contrary to knee-jerk public opinion.

However, one effect the America Invents Act and Alice did have is that plaintiffs, especially NPEs, find it increasingly difficult to successfully argue broad infringement reads. At the same time, plaintiffs are also required to furnish inc...

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