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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Patent Agent
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Technical Advisor
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Past Event

November 20, 2014
MBHB Partners Alison Baldwin and Rory Shea Are the Featured Presenters
November 19-21, 2014
November 5-6, 2014
MBHB Partners Lisa Schoedel and James Suggs Are Featured Co-Presenters at this Management Forum-Sponsored Conference
October 21, 2014
MBHB Partner Patrick Gattari Is the Featured Presenter
September 19, 2014

Publications

November 17, 2014

Prior to filing a patent application at the United States Patent and Trademark Office (“USPTO”), an applicant seeking patent protection for an invention should consider conducting a prior art search. Also known as a patentability search, a prior art search involves discovering and examining art, such as issued patents, published patent applications, and other published documents, that can affect the potential to obtain a patent on the invention. More exhaustive prior art searches may also include discovering and examining any prior uses or prior sales of technology related to the invention.

Fall 2014 (snippets)
In December, the Supreme Court of the United States will hear oral arguments on two trademark cases: B&B Hardware, Inc. v. Hargis Industries, Inc. and Hana Financial v. Hana Bank. These cases address the issues of whether a preclusive effect should be given to U.S. Trademark Trial and Appeal Board (TTAB) decisions on likelihood of confusion and whether trademark tacking is an issue of fact or an issue of law, respectively.
Fall 2014 (snippets)
When Congress created the Inter Partes Review (“IPR”) and Covered Business Method (“CBM”) review procedures for challenging the validity of an issued patent, it was intended for these processes to be quicker and more cost-effective than challenging patent validity in the district court system. One of the mechanisms Congress utilized for achieving these objectives was limiting the types of discovery allowed as part of the IPR and CBM processes. This was a lofty goal and pundits questioned whether this restricted scope of discovery could be maintained in practice. With the passage of two years under the IPR and CBM systems, a noticeable trend has emerged regarding how the Patent Trial and Appeal Board is accomplishing these Congressional objectives through its decisions on motions for additional discovery.
Fall 2014 (snippets)
The America Invents Act’s (“AIA’s”) overhaul of the U.S. Patent law system has significantly redefined what constitutes available prior art that can be used to reject patent applications or invalidate patents. In this article, we will discuss how the AIA expanded the definition of prior art, describe the AIA § 102 prior art exceptions, and suggest strategies that practitioners can consider in dealing with prior art and transitional applications.
Fall 2014 (snippets)
Unlike patents and copyrights, trade secrets have historically been protected primarily under state law rather than federal law. That long history may soon change, as bills to create a federal cause of action for trade secret misappropriation are advancing through both houses of the U.S. Congress. These bills would allow trade secret owners to bring a federal civil action for trade secret misappropriation as long as the trade secret “is related to a product or service used in, or intended for use in, interstate or foreign commerce.” And, for the first time ever, the pending bills have the bipartisan support necessary for passage.
Summer 2014 (snippets)
Pandora Media, Inc., (“Pandora”), with over 250 million registered users and over 70% of the market share of Internet radio, is known as a leader in the digital music industry. In 2013 alone, Pandora streamed 16.7 billion hours of music, including stations that featured genres such as “Motown,” “Oldies,” “70s Folk,” and “Classic Rock.” While Pandora streams iconic songs from these genres, Pandora ceased paying royalties on songs recorded before February 15, 1972 (“pre-1972 sound recordings”), which are only protected by state copyright laws. In an effort to recoup unpaid royalties by Pandora, Capitol Records, LLC, among other record companies, sued Pandora under New York state law for copyright infringement, misappropriation, and unfair competition, leaving Pandora potentially liable for millions of dollars in damages. This article provides an overview of the Pandora case and summarizes some of the complexities of copyright protection of pre-1972 sound recordings.
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