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Fourth Circuit

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Vir2us v. Sophos — Fourth Circuit: Shared Source Code Alone Does Not Make Post-Acquisition Products ‘Derivations’ Under Patent License

The Fourth Circuit affirmed that Sophos’s post-acquisition antivirus products were not “derivations” of the named containerization products in a 2016 patent license agreement, even though they shared some common source code, because the shared code was inactive in the original products and the newer

United States Court of Appeals for the Fourth Circuit
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Deque Systems v. BrowserStack — Fourth Circuit Affirms Summary Judgment After Copyright Plaintiff’s Repeated Failure to Disclose Damages

The Fourth Circuit affirmed summary judgment for BrowserStack after Deque Systems repeatedly failed to disclose its damages calculations in a copyright infringement case over web accessibility software, holding that the district court properly excluded Deque’s damages evidence under Rule 37(c)

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