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23 Intell. Prop. Litig. 1 (2011-2012)

handle is hein.aba/intprol0023 and id is 1 raw text is: I ntel ectual Property Litigation FROM THE SECTION OF LITIGATION INTELLECTUAL PROPERTY LTIGCATION COMMITTEE FaD 20 11 Vo .23 No. TABLE OF CONTENTS Articles > Obtaining Preliminary Injunctions in Open-Source Cases By S. Christian Platt, Bob B. Chen, and Kenneth Newton Where the presumption of irreparable harm no longer applies, showing such harm and obtaining a preliminary injunction will be difficult for open-source plaintiffs. The Impact of Recent Case Law on Copyleft Agreements By R. Scott Rhoades and Jon Rastegar The decisions in Wallace and Jacobsen suggest that copyleft agreements may ensure that copies and modifications to open-source software will remain open source. Vendor Indemnification on the Open Range By Dd Stnm-Burand and S Stitharn With up-front consideration of the potential negatives, a business can make a licensing decision regarding the merits of open-source software with open eyes. Leveraging Open-Source Software in Patent Litigation By Andrew Strickland and Ary Chun By failing to consider their opponents' use of open-source licenses, accused infringers may miss opportunities to discover facts that could lead to new litigation strategies. Open-Source Software in the Cloud By Bradley J. Walz The end user needs to investigate whether the platform it is licensing contains open-source software and which open-source software licenses govern the platform. Complying with Source-Disclosure Obligations By Edward J, Naughton There are more than 50 open-source licenses, and many permit licensees to use or modify code without requiring the distribution of source code for the resulting work. The Economic Incentives of Open-Source Software By Jennifer Vanderhart Certain terms in open-source licenses are important to maintaining those incentives and have been upheld as valid by the courts. D 2011 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Page 1 of 39

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