Posts Tagged: "cloud services"

Google also argued that, if claim preclusion did not bar SimpleAir’s infringement claims, than the Kessler doctrine barred them. This doctrine, stemming from a 1907 decision by the U.S. Supreme Court in Kessler v. Eldred, has been used to protect a party’s rights to continue a practice accused of infringement if an earlier judgment found that essentially the same activity did not infringe the patent. While the Federal Circuit has relied on the Kesler doctrine to bar patent assertion against similar activities or products found not to infringe, the doctrine has not been applied to bar a broader set of rights than would have been barred by claim preclusion.

While there are a lot of irreplaceable benefits to leveraging social media and cloud collaboration platforms for business, there are also risks that, if not managed properly, leave organizations vulnerable to business and legal risk… According to Osterman, sometimes takes a significant event to drive decision makers to action in the context of good information governance. For instance, a lawsuit in which an organization is not able to adequately respond to an eDiscovery order, or a regulator’s request for information that cannot be properly satisfied, will often move information governance from the back burner to a properly funded and executed initiative.

As businesses rapidly outsource their IT functions to the cloud, customers seeking cloud computing or cloud services must understand the risks, especially when sensitive, regulated or confidential data is stored in the cloud. Sensitive data carries business risk and may be subject to a host of legal and regulatory requirements. Cloud service agreements usually are based on the cloud services provider’s standard form agreement… The customer must read the indemnification terms closely, not just for the explicit language in the agreement, but for what the customer is really getting from the cloud services supplier and whether the indemnification terms will be of any help to the customer’s business if sued by a third party.