IP & Technology Law Trends
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Update: Neiman Marcus Asks for En Banc Review of Recent Seventh Circuit Data-Breach Ruling
We recently wrote a post on this blog analyzing the Seventh Circuit’s ruling that the victims of a Neiman Marcus data breach could proceed with their claims against the retailer. We noted the significance of the decision because it allowed...
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Proposed European Trademark Rules Change: Eliminating the Kitchen Sink Fee Structure
After several years of negotiation, a provisional agreement concerning a number of changes to European Community trademark practice was reached by the European Commission, Parliament, and Council in April 2015.
One key change is a proposal to do away...
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The Tortoise and the Hare: New USPTO Pilot Program Aims to Give the Tortoise a Little Boost
The U.S. patent system presents an interesting "tortoise and hare" dichotomy in which the pace of innovation and market forces continues to accelerate, thanks in part to the AIA switchover to a “first-to-file” system, while the USPTO struggles to kee...
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Suspicious Solicitations: Give “USPTO” Notices a Proper Sniff Test
Intellectual property is a valuable asset for any company or individual, and getting a patent or trademark application on file, and eventually granted, can be an exciting time. It is a paperwork-intensive process (notwithstanding that most U.S. filin...
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Patent Licenses (Still) Cannot Extend Beyond the Term of a Patent's Expiration. But Look at What You Can Do in Tech Licenses.
The hard and fast rule in patent licensing is that demanding patent royalties for a patent that has expired is void against public policy. That was the rule established a half a century ago in Brulotte v. Thys Co. And that is still the rule after the...
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Oregon Makes Significant Amendments to Its Data Breach Law, Including Expanding the Definition of “Personal Information”
On June 10, 2015, Oregon Governor Kate Brown signed into law a bill that significantly amends Oregon’s data breach notification law.
The amended law, which is effective January 1, 2016 (and applies to breaches occurring on and after that date), requi...
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