IP & Technology Law Trends
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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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U. S. Supreme Court Will Decide What It Means to “Register” a Copyright
In this 2018-19 term, the United States Supreme Court will hear arguments on an issue that has long divided copyright attorneys and the courts that hear their cases. Under the Copyright Law, Section 411(a), a copyright owner may not bring an infringe...
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Supreme Court Asked to Review De Havilland case
Sometime this month, the United States Supreme Court will announce whether it will grant certiorari to hear an appeal of Olivia de Havilland’s case against the producers of the popular television miniseries Feud. The series dramatized the legendary a...
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The Supreme Court Tells PTAB “All or Nothing”: SAS Institute v. Iancu
The Supreme Court recently issued an opinion that will increase the certainty for parties to a patent dispute of whether the validity of challenged claims will be decided in a post-grant review process or federal court. SAS Institute v. Iancu involve...
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Portland Band The Slants Singing a Happy Tune After the Supreme Court Unanimously Holds That the Disparagement Clause Violates the First Amendment
Background
Yesterday, six months after hearing oral argument (and nearly six years after Simon Tam filed his trademark application for "THE SLANTS"), the U.S. Supreme Court unanimously affirmed the U.S. Court of Appeals for the Federal Circuit's en b...
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USPTO Switches Gears on Registration of Disparaging Marks, but Not on Scandalous Marks
On June 26, 2017, a week after the U.S. Supreme Court unanimously held that the "disparagement clause" in Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), violates the Free Speech Clause of the First Amendment in Matal v. Tam, the U.S. Patent and...
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