The US Court of Appeals for the Ninth Circuit has ruled that the first sale defense does not apply to a downstream owner if the EULA that accompanies the software prohibits the transfer of copies by the first purchaser.
The ruling comes in a case involving the sale of used software on eBay. The case is Vernor v. Autodesk and to read the decision click here.
It’s that time again! Time to take a look at the current IP Pamphlet and figure out if it is in need of freshening up a bit now two years after its first publication. Should it be tweaked in light of In re: Bilski? Does the Supreme Court’s decision in Muchnick call for changes?
Help us by reviewing the current version and offering your comments. To download a version in MS Word, click here. If you have any changes, send an email with your changes tracked to jrothman [at] arnstein.com. Thanks!
Summary: After several months of waiting, the US Supreme Court finally issued its opinion in the matter of In Re Bilski – which addresses the issue of what constitutes a patentable “process” under 35 USC Section 101. While the Court make clear that business methods and software are not per se unpatentable, the supremes level several material issues up for grabs. This panel discussion comprising three well respected Florida patent litigation attorneys will address application of In Re Bilski to our practices, how Florida district courts may apply this opinion, and how Florida patent practitioners should counsel clients as to subject matter concerns.
Our Panel (click for materials):
Ury Fischer, Lott & Friedland (Coral Gables)
Doug McDonald, Carlton Fields (Tampa)
Steve Peretz, Pertez, Chesel & Herrmann (Miami)
The E-Discovery subcommittee of the Business Law Section met on Friday, September 3rd to review proposed amendments being considered by the Civil Rules Committee of the Florida Bar. The subcommittee suggested that the proposals more closely track the federal rules. The proposed amendments are to rules 1.200, 1.280, 1.350 and 1.410 of the Florida Rules of Civil Procedure. To review the subcommittee’s suggestions, click here.
