Software

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Our attorneys have extensive experience with intellectual property issues involving computer software at all levels, from low-level machine code to high-level code that runs Internet-based technologies and database systems. The exponential growth of computing and the Internet have made this aspect of intellectual property a key field to master. At MBHB, we have mastered this complex area through the litigation and prosecution of a number of cases relating to such matters as:

  • data compression
  • data mining
  • computer architecture
  • computer networking
  • cryptography
  • programming languages

 

IP assets that result from the significant time and money invested in research and development for hardware and software deserve protection. From software engineering to network architecture, computer technology runs every sophisticated business. At MBHB, we know the software and computing industries, and we know how to protect our clients' rights.

Many of our attorneys, in addition to strong computer backgrounds, also have Ph.D.-level technical backgrounds in mathematics, physics, biomechanical engineering, and chemistry, which allow them to fully understand the underlying processes in technology systems.

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Master Patent Agent
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Patent Agent
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Patent Agent
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Patent Agent
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Partner
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Publications

Fall 2016 (snippets)
In a highly publicized decision of over a year ago, Judge Swain of the U.S. District Court of the Southern District of New York ruled in favor of the luxury retailer Tiffany and Co., deciding that Costco Wholesale Corp. willfully infringed Tiffany’s trademark. Judge Swain’s initial ruling against Costco allowed Tiffany to take Costco before a jury to seek damages, including recovery of Costco’s profits from the sale of the diamond rings, statutory damages, and punitive damages. After several delays, the jury finally met at the end of September for “Phase I” of the trial during which they decided (1) the amount of Costco’s profits and statutory damages under the Federal Lanham Act, and (2) whether Tiffany was entitled to punitive damages.
Fall 2016 (snippets)
The Trans-Pacific Partnership was the latest in a series of multination international agreements aimed at reducing trade barriers and promoting global free trade. However, the subject matter scope of this agreement and the secrecy with which it was negotiated have engendered deep suspicions from a variety of groups regarding whether its goal is truly free trade or whether there are more nefarious motivations behind it. And with the election of Donald Trump, these efforts have apparently amounted to nothing.
Fall 2016 (snippets)
Since the Supreme Court decided Alice Corp. v. CLS Bank Int’l in 2014, patent practitioners and the courts alike have struggled to find clarity in the patent eligibility framework of 35 U.S.C. § 101. For the Federal Circuit in particular, applying the two-step framework set forth in Mayo v. Prometheus and Alice with any consistency has proven difficult, as the lines between abstract and non-abstract ideas, between step one and step two of the framework, and between eligibility (§ 101) and patentability (§§ 102, 103, or 112) have grown fainter.
December 6, 2016 (snippets Alert)
MBHB snippets Alert - December 6, 2016

On December 6, 2016, the Supreme Court ruled unanimously, in an opinion by Justice Sotomayor, that an award of total profits for infringing a design patent need not be calculated based only on the end product sold to an ordinary consumer. More particularly, in the case of a multicomponent product, the damages award may be calculated based on subcomponents of the end product. In Samsung v. Apple, the Supreme Court applied this rule to reverse Apple’s $400 million damages award against Samsung.
Summer 2016 (snippets)
The near-simultaneous codification of trade secret-related standards on both sides of the Atlantic reflects the increased importance of trade secrets in global economies. A driving force behind the reform in both the US and the EU was a desire to harmonize laws protecting trade secrets.
Summer 2016 (snippets)
This article provides an overview of the Spotify and Tidal cases, summarizes the applicable copyright law at issue, and provides a technological solution that may help avoid future lawsuits.
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