Open Source Software (“OSS”) is currently pervasive in its use for companies both large and small. Businesses use OSS to develop software rapidly and effectively, whether for their internal systems or for customer-facing products. Although OSS is obtained at no charge, there are significant risks in its usage because if the OSS is not integrated properly into existing systems, it can “infect” proprietary software, and a company is at risk of losing significant ownership value. This program will address the following:

How is OSS licensed?

Risks in use of OSS.

Procedures to use when introducing OSS into a company’s systems.

How to develop an OSS Compliance Policy.

Documenting OSS usage.

OSS due diligence and representations in mergers, acquisitions and transfers of software assets.

Attendees of the live webinar may receive CLE credit for the following states: CA, IL and NY.*

Date: Wednesday, February 22, 2012

Time: 1:00pm- 2:00pm ET (10:00am – 11:00am PT)

Cost: Free

Speakers:
Christopher Palestro
Director and Managing Counsel of IP Transactions
Hewlett-Packard

Richard Raysman
Holland & Knight LLP

Jeffrey R. Seul
Holland & Knight LLP

Paul Connuck (Moderator)
IP & IT Editor
Practical Law Company

*CLE credit for this program will be sought by Holland & Knight, which is an approved CLE provider in Illinois, New York and California. For New York attorneys, the webinar format will not qualify for CLE credit for transitional (newly admitted) attorneys. CLE credit will be available for experienced New York attorneys.

To register, visit the registration page today.

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In light of the ever-increasing importance of intellectual property to not just Apple, but seemingly every modern business, CorpCounsel presents a list of last year’s top 10 IP litigation wins.

[via: Rounding Up the 10 Biggest IP Litigation Wins of 2011 at CorpCounsel]

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Reporter Sheri Qualters of CorpCounsel asked several patent practitioners to come up with a list of things lawyers should know about the Leahy-Smith America Invents Act.

[via: 10 Things You Should Know as the New Patent Law Goes Into Effect at CorpCounsel]

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With the flavor of the week being SOPA, PIPA and IP issues, it should come as little surprise that the Department of Justice is cracking down on a major content hosting website – MegaUpload.com.

[via: Megaupload.com accused of massive copyright infringement at InsideCounsel]

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Female IP Chief Counsel unite – in a group called Chipsters:

In 2005, a group of in-house counsel coalesced, all women, all the top intellectual property lawyers in their respective companies. They cleverly called themselves Chipsters – ChiefIP lawyers – and they have continued to meet.

[via: Chipsters, a group for women lawyers who are IP chief counsel at the Law Department Management Blog]

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Since we do not live in a black-and-white world, color has always been a part of branding and advertising. Trademarking colors is a tricky business, but it can be done.

[via: Intellectual Property: Trademarking Colors a Tricky Business, But It Can Be Done at CorpCounsel]

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Judges and lawmakers are working to deter patent suits, but you wouldn’t know it from the results of the 2011 edition of CorpCounsel’s annual Patent Litigation Survey.

[via: The 2011 Patent Litigation Survey at CorpCounsel]

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Tips courtesy of InsideCounsel intended to help companies efficiently manage their defense against pernicious patent trolls.

[via: IP: 3 strategies for beating patent trolls at InsideCounsel]

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The end of the year and 2012 will be quite busy for Samsung and Apple inhouse patent counsel:

With a month and a half left to go in 2011, it looks like Samsung Electronics Co. has already made big plans for 2012: kicking its patent-infringement litigation efforts against Apple into high gear.

[via: Samsung Makes Apple Patent-Litigation Plans for 2012 at CorpCounsel]

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This Note, contributed to InhouseBlog by Practical Law Company, summarizes the key features of the Patent Reform Act of 2011, known as the Leahy-Smith America Invents Act (AIA). It provides an overview of the AIA’s reforms to US patent law, including changing the patent system from a first-to-invent to a first-inventor-to-file system, the scope of prior art used to determine novelty and the procedures for challenging the validity of issued patents. The Note also provides an overview of provisions that expand the prior use defense to patent infringement, eliminate the best mode defense and the need to obtain an opinion of counsel to defend against a willful infringement claim, allow for virtual patent marking and change false patent marking law, create a new supplemental examination procedure to limit potential inequitable conduct claims and change US Patent and Trademark Office and patent litigation procedures. Download An Overview of the America Invents Act today (PDF file).

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Finding the line between fair use and infringement.

[via: IP: Using a competitor's trademark in marketing at InsideCounsel]

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In a recent interview, Google patent counsel Tim Porter discusses the ongoing patent wars over its Android smartphone operating system, which has led to sparring between the web-search giant and such industry heavyweights as Apple and Microsoft.

[via: Google's Patent Counsel on the Ongoing Tech-Patent Wars at CorpCounsel]

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When it comes to the rough-and-tumble world of tech patents, EMC’s IP lawyers would rather do the technology licensing work themselves.

[via: The D.I.Y. Approach to Intellectual Property and Tech Licensing at CorpCounsel]

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Well, things may not be going the way Righthaven expected:

Wayne Hoehn, one of the defendants that Righthaven has unsuccessfully sued for copyright infringement, has asked a Las Vegas federal district court judge to allow him to seize Righthaven’s assets in order to enforce a judgment he won in August.

[via: Copyright Troll Righthaven Faces Possible Asset Seizure at CorpCounsel]

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In a split ruling, the Federal Circuit has upheld an International Trade Commission order barring imports of railway wheels by a Chinese company into the US because the company misappropriated trade secrets in China from a US company.

[via: Trade secret theft outside U.S. is basis for barring imports, Federal Circuit rules at Law.com]

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Your counsel’s efficiency is key to making patent litigation a successful part of your business strategy.

[via: IP: Winning patent litigation on a budget at InsideCounsel]

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In house patent counsel job openings are booming. With the increasing importance of intellectual property as an offensive and defensive weapon, and the advent of patent trolls, it’s no surprise that law departments are looking to add in house patent counsel to their teams. Head over to GoInhouse.com to check out a slew of in house patent counsel and intellectual property jobs.

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Court considers liabilities in keyword advertising in L’Oreal v. eBay.

[via: ECJ's trademark infringement ruling affects online operators at InsideCounsel]

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After years of criticism regarding the state of U.S. patent law, the Senate passed the America Invents Act, which is being called the most sweeping patent reform in half a century. But many IP experts are taking a wait-and-see approach.

[via: What Effects Will the America Invents Act Have on U.S. Patent Law? at CorpCounsel]

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Advocates of legislation to overhaul the nation’s sluggish patent system could finally see a bill on President Obama’s desk, as Congress is set to move as soon as this week on bipartisan legislation to update the U.S.’s patent laws.

[via: Congress Set To Move On Patents at the WSJ Law Blog]

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It really is a piece of work. Head over when you have time to give it a read – make sure you are sitting down.

[via “The nastiest copyright notice ever written”.]

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The Federal Circuit U.S. Court of Appeals ruling in CyberSource v. Retail Decisions leaves room for debate about what kinds of business methods can be patented, thanks to one word: practicality.

[via: Ruling Leaves Silicon Valley Lawyers Wondering Whether 'Practicality' Means 'Patentable' at CorpCounsel]

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As ICANN’s expansion of top-level internet domains goes into effect, the keepers of corporate trademarks are going to need to have an unusual conversation in the next few weeks: “What should we do about the .xxx domain?”

[via: Trademark Holders Face an Explicit Problem With .XXX Web Domain at CorpCounsel]

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In a closely watched case about business method patentability following the U.S. Supreme Court’s 2010 decision in Bilski v. Kappos, the U.S. Court of Appeals for the Federal Circuit found broad software patent claims invalid because they attempt to capture “unpatentable mental processes.”

[via: In notable post-'Bilski' ruling, Federal Circuit finds software patent invalid at Law.com]

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Anthony Brown, CEO of a new non-practicing entity called Cascades Ventures, is the man who inspired former Intel in-house lawyer Peter Detkin to coin the term “patent troll” a decade ago, referring to Brown, his company TechSearch, and their lawyer, Raymond Niro.

[via: 'Original Patent Troll' is Back After Long Hiatus, With a New Name and New Patents at CorpCounsel]

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The Federal Circuit affirms sanctions for a frivolous patent licensing campaign.

[via: IP: Whack a troll at InsideCounsel]

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As the shift from film to digital imaging has crippled Kodak’s share price, the company has adopted a so-called “poison pill” to protect it from an unsolicited takeover while it tries to find a buyer for its substantial IP assets.

[via: Kodak Tries to Protect Digital IP Portfolio with 'Poison Pill' Plan at CorpCounsel]

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Google, which has been reeled into the smartphone patent wars via its Android operating system, has gobbled up a huge IP portfolio to use as leverage against would-be plaintiffs.

[via Google's $900 Million Hedge vs. Patent Plaintiffs]

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There is a new breed of bully on the block – as Steven Baird of the popular DuetsBlog points out.

[via The Mark of a Real Trademark Bully : Duets Blog]

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If you are handling trademark issues at your company or just want to get more familiar with an interesting area of intellectual property law, you should check out DuetsBlog from Winthrop & Weinstine, P.A. The authors regularly post informative pieces on trademark issues and trends. Here are a few posts to check out:

- How to Crush a Smashing Brand Name Trademark

- Staying on the Right Side of the Line – Suggestive vs. Descriptive

- A Legal Perspective on the Pros and Cons of Name Styles

Enjoy and don’t forget to subscribe to their blog if you enjoy the posts!

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