Tag: software
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Medical Imaging & Technology Alliance v. Library of Congress: D.C. Circuit Upholds DMCA Medical-Device Repair Exemption; Copyright Does Not Automatically Protect Repair Revenue
Manufacturers of software-enabled equipment often make substantial revenue after the initial sale through maintenance, diagnostics, and repair. Technological access controls can help preserve that business by limiting who can reach the software embedded in the product. In Medical Imaging & Technology Alliance v. Library of Congress, No. 25-5328 (D.C. Cir. Sept. 1, 2026), the D.C.…
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Versata v. Ford: Federal Circuit Revives Unjust Enrichment as a Trade Secret Remedy
The Federal Circuit’s recent decision in Versata Software, LLC v. Ford Motor Co., Case Nos. 24-1140, -1206, -1234 (Fed. Cir. May 22, 2026), may become one of the most important trade secret damages opinions in recent years. In a significant rebuke to the district court’s narrow approach to damages, the court held that a trade…
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Pegasystems v. Appian: Virginia Supreme Court Reverses $2 Billion Trade Secret Verdict Due to Lack of Specificity
In a major ruling issued on July 30, 2024, the Supreme Court of Virginia in Pegasystems Inc. v. Appian Corp., 904 S.E.2d 247 (Va. 2024), reversed a $2.036 billion judgment in favor of Appian Corporation against its competitor Pegasystems Inc., holding that Appian failed to identify its trade secrets with reasonable particularity and did not…