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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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“Secret Sales” of an Invention Continue to Be a Potential Bar to Patent Rights, Even After the America Invents Act
On January 22, 2019, the United States Supreme Court decided an important question in patent law: After the America Invents Act (AIA), does the sale of an invention to a third party, who is contractually obligated to keep the invention confidential,...
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Supreme Court to Take Up Protection of Confidential Information Provided to the Government: Food Marketing Institute v. Argus Leader Media
On January 11, the United States Supreme Court announced it accepted the Food Marketing Institute’s cert petition to review the Eighth Circuit’s decision in Food Marketing Institute v. Argus Leader Media. This represents the latest development toward...
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Supreme Court Denies Cert in de Havilland Case
In early November, we reported that the U.S. Supreme Court was considering whether to hear Olivia de Havilland’s appeal of the dismissal of her right-of-publicity and false-light privacy claims against the producers of the popular television miniseri...
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Supreme Court Grants Cert in Brunetti Appeal
The U.S. Supreme Court has agreed to hear arguments in the case of Iancu v. Brunetti. This, as you may recall, is an appeal regarding the constitutionality of the Lanham Trademark Act’s section 2(a) provision precluding registration of “immoral” or...
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Update: Give Me Liberty, or Give Me Death? Supreme Court May Resolve Circuit Split on Effect of Rejection of Trademark Licenses in Bankruptcy
In my September 11 blog post, Give Me Liberty, or Give Me Death?, I noted that the First Circuit’s decision in Tempnology—that rejection of a trademark license in bankruptcy divested the nondebtor licensee of its right to use the trademark—was subjec...
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Washington Court Allows California Cannabis Business to Sue for Trademark Infringement
A California cannabis company can sue in Washington State for infringement of its trademark by a Washington marijuana producer, according to an October 29 opinion issued by Washington’s Court of Appeals, Division One. Headspace International had sued...
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