Software IP and Patent Law Update (8/17)

The Fifth Circuit in Spear Marketing, Inc. v. BancorpSouth Bank [link] affirmed a determination that certain trade secrets were preempted by the Copyright Act, and Chicago attorney Jason P. Britt of Foley & Lardner, LLP offers some conclusions for litigators in the auto industry.

Suprema, Inc. v. ITC (CAFC, Aug. 10, 2015) [link] stands for the proposition that articles that do not directly infringe can be seized at the border under 19 USC ยง 1337.

Akamai v. Limelight [link] was remanded to the CAFC. The CAFC reversed the district court's judicial determination of noninfringement and remanded the case to the district court for a fact trial.

An update to Windows 10's EULA gives Microsoft the right to remotely disable pirated software. Considering that Microsoft is also a games developer (Microsoft Studios) and a content publisher (Games for Windows Live), questions arise over the use of this technology in practice, such as: (1) Will indie game developers be able to use this technology for negligible overhead? or (2) Will Microsoft favor the use of this DRM for its own games or licensees? Feel free to weigh in on Linkedin comments.

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