Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
IBM UK ("IBM") successfully enforced the terms of a mainframe license against the defendants who had created a competing software product....more
Are you using any IBM software in your organization? IBM released the latest Version (11) of its International Passport Advantage Agreement (IPAA)/ International Passport Advantage Express Agreement (IPAEA) last week. The...more
TecSec, Inc. v. Adobe, Inc., Appeal Nos. 2019-2192, -2258 (Fed. Cir. Oct. 23, 2020) - In our Case of the Week, the Federal Circuit issued a wide-ranging opinion following three previous appeals in the same case and a jury...more
It’s a familiar pattern. First, new risks inspire legislation and regulations that impose new penalties. Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability...more
Yesterday, the Federal Circuit issued a decision in Williamson v. Citrix that includes an en banc portion that broadens the circumstances in which claim limitations may be deemed means-plus-function limitations. This appears...more