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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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And Away We Go…UK Information Commissioner’s Office Issues First Formal Notice Under the GDPR
Since the EU’s General Data Protection Regulation (GDPR) went into effect, we have been anxiously awaiting enforcement activities that would indicate regulator priorities. The waiting is over. It was recently reported that the UK Information Commis...
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FBI Calls Out Data Privacy and Security Risks with Educational Technology
Educational technology (“EdTech”) such as unified communications programs, educational software, and networked devices has become an integral part of education due to its ability to help educators, students, and institutions manage information, provi...
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Give Me Liberty, or Give Me Death? Supreme Court May Resolve Circuit Split on Effect of Rejection of Trademark Licenses in Bankruptcy
It might sound odd to the ears of an intellectual property lawyer, but trademarks are not intellectual property—as defined in Section 101(35A) of the Bankruptcy Code, anyway. The significance of the omission of trademarks from this definition is that...
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Ninth Circuit Says Having an IP Address is Not Enough for Infringement: Cobbler Nevada v. Gonzales
Anyone with an internet connection can find copyrighted content to download—legally or illegally. But the Ninth Circuit has now held that the mere fact that a rightsholder can show an individual is connected to the IP address through which illegal do...
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Oregon Court of Appeals Allows Enforcement of a Covenant Not to Compete by Narrowing the Meaning of “Customers”
Last week, the Oregon Court of Appeals issued its opinion in Oregon Psychiatric Partners, LLP v Henry, 293 Or App 471 (2018). The opinion is a helpful reminder that a court retains the power to use its "blue pencil" to convert an unenforceable provis...
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You Can’t Take It With You: Bankruptcy Court Offers Novel Remedies for Misappropriated Trade Secrets
It’s not uncommon for executive employees with specialized knowledge in their fields to be poached by competing companies—but under a recent decision from the United States Bankruptcy Court for the District of Delaware, taking an old employer’s trade...
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