Co-infringement risk rises with software patents; Federal Circuit will likely rule on whether an action for contribution can be brought against alleged patent co-infringers
Article Abstract:
Applications for patent licenses for Internet applications and counsel representing these clients should be aware of the possibility under US patent laws of an action for contribution. Each co-infringer can be sued and held liable for the full amount of the infringement. Until the US Court of Appeals for the Federal Circuit rules on the availability of contribution under patent laws, prudent lawyers will recommend clear indemnification provisions identifying the responsible party in a claim for patent infringement.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Linux may alter IP legal landscape; some predict more contract work if alternative to Windows catches on
Article Abstract:
Linux, a 9-year old open source operating system available free of charge, may lessen the need for intellectual property lawyers and instead give lawyers a role in after-market services such as contracts. Free operating-system software may stimulate greater application software development and, in the long run, greater marketing and economic benefit. Red Hat Software Inc, a small Linux-only company, has garnered investment from Intel Corp. and IBM and charges for Linux technical support.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Open-source movement vies with classic IP model; free software is bound to have a significant effect on patent, copyright, trade secrets suits
Article Abstract:
The differences between the free open-source software movement and the classic business model based on copyrights, patents and licenses is discussed. The open-source movement emphasizes that this paradigm shift involves the violation of constitutional free speech rights violated by companies co-opting the source code to derive a profit.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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