Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
That least-read contract — the Terms of Use (ToU) — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services. In particular, a Software as a Service (SaaS) company may need to rely on its user license agreement or ToU to protect against theft of its technology by competitors posing as customers. Importantly, as discussed below, the ToU can support injunctive relief just as is available for patent infringement. Furthermore, even where individual components of the SaaS product are otherwise publicly available, or known in the art, a ToU contract protecting the proprietary combination of such components in the product as a whole will be enforced. See, Aronson v. Quick Point Pencil Co., 440 U.S. 257, 99 S. Ct. 1096 (1978) (enforcing contractual obligations freely undertaken at arm’s length to continue to pay royalties on unpatented publicly available product).
Continue reading by getting
started with a subscription.
Beyond Language: How Multimodal AI Sees the Bigger Picture
By Matthew R. Carey
The possibilities for patenting innovative applications of multimodal models across industries are endless.
Protecting Technology-Assisted Works and Inventions: Where Does AI Begin?
By Ed Lanquist, Jr. and Dominic Rota
Just like any new technology, efforts to protect and enforce intellectual property on AI-based technologies are likely to be hampered by a lack of both a unified governing framework and a common understanding of the technology.
Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship
By Stan Soocher
A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties’ relationship to determine whether a fiduciary relationship existed.
Federal Judge Blasts Patent Trolls
By Rob Maier
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for “patent trolls” — the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits — against filing cases in Delaware going forward.