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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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Federal Trade Secrets Act is Now Law!
Today, President Obama signed into law the Defend Trade Secrets Act. This blog posted an article on the topic last Friday in anticipation of the bill becoming law. The new law takes effect upon enactment ("(e) Effective Date–...
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U.S. Patent Office Extends Program that Allows Start-Ups a Way to Defer Costs
The US Patent and Trademark Office has continued the Extended Missing Parts Pilot Program which gives US utility and plant patent applicants additional time to avoid paying large filing fees. The USPTO implemented the program in December 2010 and has...
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Latest Football Video Game Decision Prompts Concerns Over Constitutional Analysis in Right of Publicity Cases
The Ninth Circuit Court of Appeals recently handed down the latest in a string of opinions in the continuing battle of former athletes—both professional and amateur—against video game creators whose games depict athletes’ names, images, or personally...
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The Long Wait is Over: Review Standard on Appeal For Claim Construction is Now Clear Error
Today the U.S. Supreme Court handed down a significant decision impacting the appellate review of claim construction in patent infringement. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Court held that when reviewing a district co...
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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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