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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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Free Speech and Functionality
The Founding Fathers ensconced intellectual property rights into the fabric of the original Constitution. Article I, Section 8, Clause 8, of the United States Constitution grants Congress the power "to promote the progress of science and useful arts,...
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Can Publishing Research in a Peer-Reviewed Journal Constitute False Advertising?
Scientists like to publish their research so as to advance scientific knowledge. Scientific journals often vet proposed articles and suggest changes or further research in order to exercise some quality control over the research published. However, a...
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Brexit Updates
We met last week with Dan Reavill and Richard Brown from Travers Smith, who gave us an update on Brexit. Here are the highlights from these two esteemed London lawyers:  Overview. It has been 12 weeks since the historic Brexit vote. And...
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Deadwood on the U.S. Trademark Register: Random Audit Pilot Program Proposed to be Made Permanent
The U.S. Patent and Trademark Office (USPTO) has long been concerned about so called "deadwood" on its register -- registrations granted where the registration is not being used or not used on all goods/services identified in the registration, but th...
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Brexit & IP: Five Things You Should Know
Last night, in an election that had one of the largest voter turnouts in British history, a majority of UK citizens voted for the UK to exit the European Union. The ramifications of this vote are still being determined, but at least with respect to...
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Supreme Court Makes Recovery of Treble Damages Easier in Patent Cases: Halo Electronics, Inc. v. Pulse Electronics, Inc.
In what is becoming a trend, the United States Supreme Court on Monday overturned longstanding Federal Circuit precedent, with the result that it should now be easier for a successful litigant to recover treble damages for pursuing patent infringemen...
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