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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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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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The State is Still Free to Plunder Your Copyrights: Jim Olive Photography v. University of Houston
As we have covered here before, a state’s sovereign immunity can be an insurmountable barrier to holding any state entity liable for copyright infringement. In Allen v. Cooper, the Supreme Court held that Congress did not validly revoke state sovere...
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U.S. Supreme Court Denies Cert in Three IP Cases
The United States Supreme Court denied certiorari in a widely-publicized right of publicity case and two closely-watched copyright cases during the last week of June. In the publicity case, Hamilton v. Speight, Lenwood Hamilton, who wrestled profess...
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