J Alexander Hershey

December 23, 2014 | The Legal Intelligencer

In previous columns, I have provided updates concerning the status and evolution of particular doctrines relevant to commercial litigation and the effect of recent decisions in those areas. Rather than address another recent development in a particular area of law, in this column I want to pose a question: What, exactly, are we doing?

By J. Alexander Hershey

7 minute read

October 21, 2014 | The Legal Intelligencer

Two substantial decisions rendered in 2014 have provided additional context to the protection of computer software under existing intellectual property law. It is a common complaint that existing intellectual property principles apply poorly to new technologies like software. In fact, the degree of protection available for software code and the ideas underlying its nature or function remains somewhat unresolved.

By J. Alexander Hershey

6 minute read

July 22, 2014 | The Legal Intelligencer

The U.S. Supreme Court's unanimous decision in Lexmark International v. Static Control Components, 134 S. Ct. 1377 (March 25, 2014), is noteworthy for resolving a split among the circuit courts.

By J. Alexander Hershey

7 minute read