Protecting Computer Software Beyond Process and Function: Leveraging IP Effectively With Copyright, Design Protection and Trademarks
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE webinar will guide counsel in evaluating the many available forms of IP protection for software in the United States, with a focus beyond utility patents and trade secrets, while also taking into account some international and related considerations. The panel will examine the pros and cons of each avenue and how developers and their counsel can utilize the IP protection available.
Outline
- Challenges in protecting computer software
- Leveraging IP protection available
- Patents post-Alice Corp.
- Copyrights
- Trade secrets
- Trademarks
- Design
- International considerations
- Licensing and terms of service
- Best practices
- Understanding third-party materials incorporated into software and compliance with applicable licenses
- Evaluating options to protect software, including in relation to new software technologies
- Understanding the role of software protection strategies in M&A transactions
Benefits
The panel will review these and other noteworthy issues:
- What aspects of software are protectable?
- What are the hurdles to obtaining the various IP protections for software?
- How can counsel assist clients in developing an IP protection strategy based on their business goals?
- How does a prospective acquirer evaluate the steps taken by the seller to protect its software?
After our presentations, we will engage in a live question and answer session with participants so we can answer your questions about these important issues directly.
Faculty
Matthew D. Asbell
Partner
Lippes Mathias
Mr. Asbell, a partner and member of Lippes Mathias’ intellectual property team, works comfortably and efficiently... | Read More
Mr. Asbell, a partner and member of Lippes Mathias’ intellectual property team, works comfortably and efficiently with clients in diverse industries. Mr. Asbell's passion for his work in intellectual property arises from a deep appreciation for creativity, whether in the form of invention, design, expression, or branding and marketing. He assists clients in clearing, obtaining, enforcing, and defending trademark, patent, design and copyrights in the United States and throughout the world, while also advising on domain names, social media and related issues. Mr. Asbell serves as an adjunct professor of law and frequent guest lecturer at Fordham University and The Benjamin N. Cardozo School of Law (Yeshiva University), and has taught at Columbia University and the Instituto Superior de Derecho y Economia (ISDE) in Madrid, Spain. He regularly mentors new lawyers and law students.
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Louise Leduc Kennedy
Founding Attorney, IP & Strategic Transactions Counsel
West Hill Technology Counsel
Ms. Kennedy advises technology companies on strategic and commercial matters including software commercialization,... | Read More
Ms. Kennedy advises technology companies on strategic and commercial matters including software commercialization, cloud computing, strategic alliances, and all aspects of online business and contracting. She has advised start-ups, mid-sized private and public companies as well as Fortune 100 enterprises in a variety of matters that also include mergers and acquisitions, employment law issues, and open source software strategies. Before launching West Hill, she worked as in-house counsel at IBM Corporation for 9 years. During this time she supported the Global Sales and Distribution Group, IBM Business Consulting Services as well as the Lotus brand within IBM Software Group. Her responsibilities included the structure and negotiation of complex e-marketplace offerings as well as supply-chain management and e-procurement software alliances. At Lotus, she served as brand counsel for Lotus Notes, Domino, Sametime, and Lotus Live Engage, IBM’s debut Software-as-a-Service (SaaS) enterprise collaboration offering. She provided general legal guidance and support for all aspects of product development, licensing, marketing, and strategic relationships including complex deals with AOL, Yahoo!, and Google.
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Shehla Syed
IP Strategist & Litigator
West Hill Technology Counsel
Ms. Syed counsels clients on all aspects of their intellectual property – trademarks, copyrights, patents and... | Read More
Ms. Syed counsels clients on all aspects of their intellectual property – trademarks, copyrights, patents and trade secrets – to help them maximize the value and enforceability of their content, brands and technology. Her trademark practice includes the selection, screening, prosecution, licensing, maintenance and enforcement of trademarks, domestic and international. She also advises clients on copyright matters, including registration, licensing, maintenance and enforcement.
She is admitted to practice before the United States Patent and Trademark Office and has litigated IP cases in federal court and the Trademark Trial and Appeal Board. She also assists clients in domain name disputes and on-line brand protection in federal court or arbitration before the National Arbitration Forum (NAF) or the World Intellectual Property Organization (WIPO).
As a registered patent attorney, she advises clients on patent matters and has litigated patent cases in numerous federal courts. She has counseled clients in a variety of technological fields, including pharmaceuticals, medical devices, chemicals, computer software, and material sciences.
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