Managing IP While Using Open Source: Copyright and Patent Licensing
Assessing Software Options, Mitigating Risk of IP Infringement in Software Development
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide counsel on managing IP while benefiting from using open source. The panel will review the risks and benefits of using open source software and ways to appropriately manage IP rights while participating in the open source community. The panel will also discuss patent issues that arise in open source.
Outline
- Risks and benefits of open source
- Balancing open source and proprietary code--managing and appropriately protecting the IP in software that uses open source
- Protection of IP
- Copyright protection for open source
- Patent protection for open source
- Open source license compatibility issues
- Open source license patent issues
- Express and implied licenses
- Patent license grants
- Patent non-assertion clauses
- Litigation issues involving patents and open source
- Summary of key cases
- Patent infringement defense strategies
- Practical implications--what do I need to do?
Benefits
The panel will review these and other key issues:
- Managing the legal risks of using open source software
- Balancing use of open source and proprietary code
- Open source patent issues: licenses, grants, and litigation
Faculty
Pamela S. Chestek
Principal
Chestek Legal
Ms. Chestek practices in trademark, copyright, open source, advertising, and marketing law. She has worked in both law... | Read More
Ms. Chestek practices in trademark, copyright, open source, advertising, and marketing law. She has worked in both law firm and in-house environments serving a variety of fields—footwear and apparel, software, design, retail, and manufacturing are a few. Ms. Chestek has been an adjunct law professor and often writes and speaks about ownership disputes in patent, trademark and copyright cases, including scholarly articles on the subject. She also has extensive experience in the open source community, in particular dealing with the challenge of managing brand identity and consumer expectation in a culture rooted in free access, collaboration and sharing.
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Adam Mishcon
General Counsel
Sencha
Mr. Mishcon is a seasoned Silicon Valley attorney with over 20 years of experience providing business counsel to high... | Read More
Mr. Mishcon is a seasoned Silicon Valley attorney with over 20 years of experience providing business counsel to high technology companies. He specializes in helping emerging growth companies negotiate and close deals, and has a deep background in financing, contracts, and licensing.
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Leon Schwartz
Principal
GTC Law Group PC & Affiliates
Mr. Schwartz focuses on intellectual property strategy and general corporate matters. Prior to joining the firm, he... | Read More
Mr. Schwartz focuses on intellectual property strategy and general corporate matters. Prior to joining the firm, he served internships at the U.S. Attorney’s Office – District of New Hampshire and for the Hon. Bruce M. Selya of the First Circuit Court of Appeals. Mr. Schwartz has extensive experience in software design and development, including web applications, hospital patient data management systems and medical device software.
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