IP Protection for Computer Software: Leveraging Copyright, Trade Secrets, Trademarks, Design and Utility Patents

Evaluating the Protection Options, Weighing the Benefits and Risks

A live 90-minute CLE webinar with interactive Q&A


Tuesday, August 15, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will provide guidance for IP counsel in determining which form of IP protection is the optimal mode for software. The panel will examine the pros and cons of each avenue for protection and how developers and their counsel can best utilize the IP protection available.

Description

Utility patent protection was thought to be the most effective way to protect software before the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank substantially limited the patentability of software. While some computer-related inventions can be patented, it is challenging, and counsel to software developers are looking to other forms of IP protection to supplement or substitute for the limited utility patent rights that may or may not be available.

Trade secrets are often considered an appropriate alternative to utility patents. The Defend Trade Secrets Act of 2016 has strengthened the ability to protect trade secrets from misappropriation by creating a federal cause of action. But software can be difficult to protect as a trade secret because the code can usually be readily reviewed.

Copyright protection does not extend to any idea, procedure, process, system, method of operation, concept, principle or discovery, among other categories. However, a Federal Circuit court opinion revived interest in using copyright law to protect computer software. Oracle America Inc. v. Google Inc. (Fed. Cir. 2014) held Google’s copying of the structure, sequence and organization (SSO) of part of its program from Oracle could be copyright infringement.

Developers and their counsel also turn to design patents and trademarks to provide protection for various aspects of software. Counsel must understand the pros and cons of each mode of protection to guide their clients in choosing among options that will best protect the inventions.

Listen as our authoritative panel examines the challenges for software developers and their counsel in protecting computer software. The panel will examine copyrights, trade secrets, trademarks, and design patents. The panel will also discuss the ability to protect software using patents after the Supreme Court’s decision in Alice Corp. The panel will discuss the challenges of each avenue for protection and how developers and their counsel can best utilize the IP protection available.

Outline

  1. Challenges in protecting computer software
  2. Leveraging IP protection available
    1. Patents post-Alice Corp.
    2. Copyrights
    3. Trade secrets
    4. Trademarks
    5. Design
  3. Best practices
    1. Choosing between different options for protection
    2. Implications of the choice

Benefits

The panel will review these and other key issues:

  • What are the hurdles that must be overcome for software to obtain copyright protection? Patent protection?
  • What factors should counsel consider when choosing between the different forms of IP to protect software?
  • What are the pros and cons of each mode of IP protection?

Faculty

Matthew D. Asbell, Partner
Ladas & Parry, New York

Mr. Asbell assists clients in clearing, obtaining, enforcing, and defending trademark rights in the U.S. and throughout the world. He also provides advice on patents, copyrights, domain names, and other related areas. He frequently collaborates on and authors articles on intellectual property on subjects ranging from social media and domain names to licensing, branding, and information technology. His certifications as a Social Media Strategist and Master Instructor equip him to handle complex intellectual property matters arising in the Web 2.0 space.

Aaron J. Capron, Partner
Finnegan Henderson Farabow Garrett & Dunner, Palo Alto, Calif.

Mr. Capron has a wide range of experience involving post-grant proceedings, patent litigation and patent portfolio management. He has been co-lead counsel for several post-grant proceedings, including one of the first cases instituted under the America Invents Act. Mr. Capron has drafted and overseen the drafting of hundreds of patent applications for electrical, electronics, telecommunications and software-based technologies. Patent portfolios he manages protect a range of technologies, including network virtualization, web content optimization, data aggregation systems and mobile devices.

David Eramian, IP Counsel
Stripe, San Francisco

 


Live Webinar

Live Webinar $297.00

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
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Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Webinar

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CLE Credits By State

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Customer Reviews

I felt the presenters were very knowledgeable and I liked that they discussed real situations. This was definitely one of the more worthwhile presentations.

Kathleen Mellon

YoungBasile

Very targeted information with experienced presenter.

Chris Larus

RKMC.com

The analyses of the various cases brought the subject matter together in a coherent manner.

Michael Minter

Miles & Stockbridge

Ms. Morrison provides trademark and brand protection services with significant industry intelligence in the food and beverage, restaurant, healthcare, entertainment, and technology industries. Her practice provides efficient counsel to support the domestic and foreign trademark maintenance, clearance, registration, strategic brand protection and enforcement, and licensing needs of her clients.

Sheila Fox Morrison

Davis Wright Tremaine

I really enjoyed Strafford's program on this challenging and complex topic.

Ken J. Pedersen

Pedersen & Company

or call 1-800-926-7926

Intellectual Property Law Advisory Board

Stephen R. Baird

Shareholder

Winthrop & Weinstine

Charles S. Baker

Partner

Locke Lord

David S. Bloch

Partner

Winston & Strawn

Ian N. Feinberg

Partner

Feinberg Day Alberti & Thompson

Bassam N. Ibrahim

Shareholder

Buchanan Ingersoll & Rooney

Mark P. Wine

Partner

Orrick

or call 1-800-926-7926

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