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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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Free Speech and Functionality
The Founding Fathers ensconced intellectual property rights into the fabric of the original Constitution. Article I, Section 8, Clause 8, of the United States Constitution grants Congress the power "to promote the progress of science and useful arts,...
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The Federal Circuit Reinstates an Apple Victory and Reestablishes the Limits of the Court's Fact-Finding Function
Sitting en banc, the Federal Circuit recently issued its decision in Apple v. Samsung, a stunning rebuke of a panel of that same court, vacating the panel's February 26, 2016 opinion, reinstating a $119.6 million jury award for Apple, and—perhap...
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Keeping Secrets – Don’t Overdo It
In a post-Alice world where patents will become harder to get, many organizations have a renewed interest in protecting innovative information as trade secrets, rather than publishing that information in a patent application. And of course, the first...
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Federal Circuit Serves a Slice of Victory to Apple and Domino's Pizza
Last week, in Apple, Inc. v. Ameranth, Inc., the U.S. Court of Appeals for the Federal Circuit delivered a victory for Apple, Inc. and Domino's Pizza, LLC in their patent war with Internet-based solutions provider Ameranth, Inc. over online ordering...
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What is "Actual Notice"? The Federal Circuit Weighs in for Purposes of Pre-Issuance Patent Damages Under 35 U.S.C. 154(d)
Since 1999, U.S. patent law provides for pre-issuance patent damages of a reasonable royalty measured as far back as the date of the patent publication date (of the issued patent) if: (1) the published patent claims are substantially identical to the...
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Justice Scalia and the Court's Patent Case Docket
The weekend's news about Justice Antonin Scalia's passing was a shocker. Justice Scalia always appeared so vigorous that he seemed much younger than his 79 years. His high level of legal scholarship was always on display. Justice Scalia was nothing i...
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