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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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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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Washington Amends Its Data Breach Law: What Do Washington Businesses (and Businesses Doing Business in Washington) Need to Know About the Changes?
In late April, Washington’s data-breach law was significantly amended. The changes go into effect July 31, 2015, and will change the law in the following seven ways: Specific information (e.g., name and contact information of reporting person or bus...
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The Supreme Court Will Hear a Case with Potentially Massive Implications for Data-Breach Lawsuits
On Monday, the United States Supreme Court granted certiorari in a case that may lower the bar for plaintiffs in data-breach litigation.  As reported by the Wall Street Journal, the Supreme Court is now set to determine whether a violation of federal...
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Implications for Businesses as Oregon Attorney General Fights for More Detailed Data Breach Notifications, and Increased Involvement in Data Breach Situations
As reported in an interview with The Privacy Advisor, Oregon Attorney General Ellen Rosenblum is seeking the following three changes to Oregon’s data breach notification law: Mandatory reporting of data breaches to the AG’s office; Enhanced enforcem...
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TTAB Proceedings Remain Effective Enforcement Tool Following B&B Hardware v. Hargis
Much has been written regarding the recent US Supreme Court decision in B&B Hardware v. Hargis. For a detailed background and analysis of the opinion, check out the SCOTUS blog summary. In short, the Court held that a US Trademark Trial and Appea...
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