Volume XII - April 2025
Firm Updates
Lucien Wang
McCurdy Laud, LLC is delighted to introduce Lucien Wang as our newest attorney in the litigation group.
With a proven track record in complex IP litigation and a background in chemistry, Lucien brings the perfect blend of technical expertise and strategic thinking that our clients value. His expertise will greatly enhance our litigation group's offerings, providing our clients with top counsel and practical results.
When he's not crafting winning legal strategies, Lucien brings the same energy to exploring national parks with his husky or preparing traditional hotpot meals with friends.
Tyra Khan
Our firm's organizational universe expanded again this month as Tyra Khan stepped into our newly-created Executive Assistant role.
With six years of keeping other places running smoothly - including her stint as a legal report writer at the Parliamentary Monitoring Group - Tyra brings the perfect mix of organization and people-friendly communication that our IP and tech practice needs.
She's already making us wonder how we functioned without her.
Colin Loyd
McCurdy Laud is happy to welcome Colin Loyd as our very first law clerk! Currently a 2L at the University of Minnesota Law School, Colin brings a refreshing blend of academic theory and real-world savvy from his previous in-house experience.
He's focusing on corporate and IP law, which means he already speaks the same language as our tech clients - without needing a translator. Colin's unique perspective helps us see legal challenges through both legal and business lenses.
Please join us in welcoming Lucien, Tyra, and Colin to our team!
HBCU Engage UIDP
Principal Attorney Catlan McCurdy recently represented McCurdy Laud at UIDP HBCU Engage 2025. She shared her practical wisdom on the "Establishing Industry Sponsored Research Agreements and Budgets" panel, diving into the nitty-gritty of project scope, deliverables, and the ever-evolving dance of government funding conversations.
As a UIDP Community Partner, we're committed to helping build bridges between HBCUs and industry - not just for research papers, but for creating real opportunities in workforce and technology development that benefit everyone involved.
Patent Prom
On March 21st, Principal Attorney Sanjiv Laud donned his finest attire to represent McCurdy Laud at what insiders playfully call "Patent Prom" - the NYIPLA's 103rd Annual Dinner honoring the Federal Judiciary.
Among the sea of over 1,000 IP professionals sipping drinks and trading war stories, Sanjiv connected with judges, colleagues, and fellow IP enthusiasts. These gatherings remind us that behind every brief and filing is a community of people passionate about intellectual property - and sometimes they clean up pretty nicely when not buried in patent claims!
McCurdy Laud Employee Retreat
The entire McCurdy Laud crew swapped legal work for beach walks during our first-ever team retreat on Hilton Head Island in March. For three glorious days, we closed our laptops (mostly) to focus on each other —though ultimately, the investment circles back to better client service.
Between strategic planning sessions that will shape our firm's future direction, we learned about local flora and fauna, the history of Daufuskie Island, and where we learned to fry food in oil (thank you to the Gullah people). We returned with clearer objectives, stronger connections, and inside jokes that will never make sense to anyone outside our firm—exactly what we hoped for when planning this retreat. Sometimes you need to step away from the office to remember why you love coming to work.
Firm Spotlight
Bespoke Legal Trainings
This month, our attorneys have been conducting a series of specialized legal training sessions for corporate clients, demonstrating our commitment to empowering businesses with critical legal knowledge.
Melissa Nelson recently led a comprehensive "Defamation, Social Media, Confidential Information & Trade Secrets" training for an all-employee audience. The presentation covered the elements of, and defenses to, defamation, differences between slander and libel, social media best practices, and the critical distinctions between confidential information and trade secrets.
Catlan McCurdy is scheduled to lead a session on the Foreign Corrupt Practices Act (FCPA), providing participants with foundational knowledge to identify potential compliance issues. Meanwhile, Sanjiv Laud has prepared an in-depth Attorney-Client Privilege presentation, offering the in-house executive team clients specific insights into this fundamental legal protection.
As businesses navigate increasingly complex digital communication landscapes, McCurdy Laud offers customized legal training sessions like these to help mitigate risks and foster legal awareness among their teams. Whether your company needs guidance on contract negotiations, IP protection, or regulatory compliance, our attorneys are available to conduct similar trainings at your location or via video conference. Contact us to discuss how we can develop tailored educational programs addressing your specific industry challenges and legal concerns.
Software Freedom Conservancy, Inc. v. Vizio, Inc.
A trial is scheduled for September 2025 which has major implications for licensing and enforcement of open-source code.
In 2021, Software Freedom Conservancy (SFC) sued Vizio, alleging breach of contract for failure to publish source code for GPL-licensed software used in Vizio's Smart TVs. The GNU General Public License (GPL) requires distributors to either include source code or provide a written offer to supply it when distributing GPL-licensed software. The California state court denied Vizio's motion for summary judgment in 2023, sending the case to trial.
Vizio raised two main defenses. First, Vizio argued that SFC's breach of contract claim was preempted by the Copyright Act because enforcement of GPL compliance is equivalent to a copyright owner’s exclusive right to control the copying and distribution of their copyrighted software. The court rejected this argument, finding that the GPL's source code requirement constitutes an "extra element" that makes the contract claim qualitatively different from a copyright infringement claim. The court distinguished "conditions" (contractual terms which limit the scope of a license, and which are preempted by the Copyright Act) from "covenants" (all other contractual terms, which are actionable under contract law) and determined that the term requiring source code was a covenant and therefore actionable under contract law. Should Vizio wish to continue arguing preemption, it will need to raise this on appeal.
Second, Vizio argued that SFC lacked standing and did not have the right to sue for violations of the GPL as SFC was not an intended third-party beneficiary of the GPL. A third-party beneficiary must show that: (1) the third party would benefit from the contract; (2) a motivating purpose of the contracting parties was to provide this benefit; and (3) enforcement by the third party is consistent with the contract's objectives and reasonable expectations of the contracting parties. At issue here was solely whether third party standing is consistent with the reasonable expectations of the contracting parties as well as those of the GPL's creator, the Free Software Foundation (FSF).
The court found the GPL's plain language suggests third parties were intended beneficiaries through the right to receive source code. The GPL explicitly states it is designed so that users "receive source code or can get it if you want it." Additionally, the GPL specifically mentions third party rights, stating that distributors of GPL-licensed programs must provide the source code for such programs. Moreover, permitting organizations like SFC to enforce source code access rights aligns with the GPL's core purpose and is crucial for the license to function as intended. Without such enforcement mechanisms, the GPL's guarantee that users can obtain source code would be meaningless, as recipients would have no practical way to assert this right when it's denied. The upcoming trial will focus on factual determinations as to whether allowing third parties to enforce the GPL is consistent with FSF's intent when drafting the GPL.
This case emphasizes the importance of following open-source license terms, particularly providing source code when required, and highlights how GPL violations may be pursued as breach of contract claims rather than copyright infringement. If the court ultimately recognizes SFC as a third-party beneficiary with enforcement rights under the GPL, this precedent could potentially extend to any end user of GPL-licensed software. Such a ruling would significantly expand the pool of potential plaintiffs beyond copyright holders alone, substantially increasing exposure and legal risk for companies that fail to fully comply with open-source license requirements.
Dear Paralegal Perry
Q: I'm managing a team that's now fully remote, working on software development. How do we ensure our intellectual property rights are protected when employees are creating work on their personal devices, sometimes across state lines or international borders?
A: Oh boy, remote work can be quite the leash to manage when it comes to IP protection! First, roll over your employment agreements to include comprehensive IP assignment clauses that clearly establish company ownership of all work product, regardless of what device it's created on or where the employee is burying their bone. This is your most important defense – even stronger than my bark at the mailman!
Second, implement some technical safeguards that have real bite. Require VPNs for accessing company systems and consider creating managed development environments where code can be pawed at without leaving your secure infrastructure. Think of these as invisible fences for your intellectual property!
Third, create a formal BYOD (Bring Your Own Device) policy with specific security requirements. This is like training your employees to "sit" and "stay" in the digital world – setting clear expectations about device security, software updates, and acceptable use.
For your international pack members, you'll need to be especially vigilant. Different countries have different IP laws that can really throw you off the scent. Consult with legal experts who specialize in cross-border IP issues to address jurisdiction-specific challenges.
If your company has the bones/budget for it, providing company-owned devices is the simplest solution. This gives you much more control over security settings and monitoring capabilities – like having your team on a proper leash rather than running free at the dog park. The legal framework becomes clearer since all work happens on company property.
Finally, remember to document everything! Regular security training and meticulous recording of all created IP will strengthen your protection framework.
Now, excuse me while I go chase a squirrel... I mean, prepare that brief for our client!
Upcoming Events
Events
Sanjiv Laud will be attending the Bench & Bar Conference in Napa Valley, CA June 18th - 21st
Catlan McCurdy will be speaking on a panel at UIDP Europe in Basel, Switzerland July 8th - 10th
04/12 | Passover Begins
04/19 | McCurdy Laud’s 4 Year Anniversary
04/20 | Easter Sunday
04/22 | Earth Day
05/01 | First Day of Asian Pacific American Heritage Month
05/26 | McCurdy Laud Closed for Memorial Day
06/19 | McCurdy Laud Closed for Juneteenth
07/04 | McCurdy Laud Closed for Independence Day
Note from Catlan
Last month, as the waves sprayed against our boat during our firm retreat, I found myself experiencing what Juliet Funt calls "white space" – that precious interval of unscheduled thinking time that, when recaptured, can change the very nature of our work.
Our retreat wasn't just a pause from client emails and negotiations; it was a deliberate step back to gain perspective. Maxwell McCurdy orchestrated the perfect blend of strategic planning and celebration, embodying what I've learned from Dan Sullivan's "Who Not How" philosophy – when you find exceptional talent, you create space for their brilliance rather than dictating every "how."
In the legal profession, we're trained to be reactive: client needs, court deadlines, opposing counsel's latest maneuvers. The oxygen for creative thinking gets consumed by the urgent. Yet paradoxically, our most innovative client solutions have emerged not from frantic activity but from those moments when we've intentionally stepped away – whether during our bi-weekly Innovation Time sessions or while feeling the wind on our faces, eyes closed, fully present in the moment.
The billable hour model that dominates our industry inherently devalues pauses. It rewards constant activity, creating what Funt calls "the daily avalanche of e-mails, meetings, decks, and reports." Yet our clients don't ultimately pay us for activity; they pay us for clarity, judgment, and innovation – qualities that flourish in the spaces between action.
As we sailed back from Daufuskie, the wind in our faces, I closed my eyes and embraced the physical sensations. To be fair, my eyes were closed because the air was stinging cold on the nighttime journey home, but sometimes you need that external reminder. Like the essential rhythm of tides, our work requires both engagement and retreat. The pause isn't unproductive time – it's where the magic happens, where connections form between seemingly unrelated legal precedents, where we see beyond conventional approaches to find elegant solutions.
If you've been feeling the crush of constant reactivity in your own work, I encourage you to seek your equivalent of that moment on the boat. It might lead to your next breakthrough, and I celebrate those, both big and small.