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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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New Program May Provide Patent Relief for Software
In 2014, the US Supreme Court announced its decision in Alice Corp. v. CLS Bank International. The decision ruled that patent claims for computer-implemented inventions may be abstract ideas, making it questionable if they are “patent eligible subjec...
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Third Circuit Finds That Allegation of False Comparative Advertising Triggers Duty To Defend
Most commercial liability policies provide what is known as “personal and advertising injury” coverage, which usually provides coverage for claims that an insured’s advertising defamed or disparaged another person’s or organization’s goods or service...
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THC-Infused Candies are All Tricks, No Treats, Says Candy Maker
Just in time for Halloween, Ferrara Candy Co., owner of popular candy brands such as NERDS, TROLLI, and SWEETARTS, filed infringement suits against companies making and selling cannabis edible versions of their sweet treats. The suits, filed in Ca...
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Merely Possessing Trade Secrets Does Not Create Liability For Misappropriation
A company’s trade secrets (i.e., information not known outside the company that could be valuable to competitors) can be some of its most important intellectual property. While companies with a strong trade secrets portfolio usually require employee...
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Federal Judge Rules That AI Is Not a ‘Person’ and Cannot Be an Inventor in the U.S.
A big debate occurring in the patent community revolves around whether a patent application can name artificial intelligence (AI) as an inventor. This reached such a level that the USPTO requested comments on the topic, as we covered here before. L...
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California Privacy Rights Act: Are You Keeping Up With The Golden State?
In November of 2020, California enacted the California Privacy Rights Act (CPRA), which modified and expanded upon the already far-reaching California Consumer Privacy Act (CCPA). Most of the CPRA takes effect on January 1, 2023, which may sound like...
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