IP & Technology Law Trends
All Articles
Update: Neiman Marcus Asks for En Banc Review of Recent Seventh Circuit Data-Breach Ruling
We recently wrote a post on this blog analyzing the Seventh Circuit’s ruling that the victims of a Neiman Marcus data breach could proceed with their claims against the retailer. We noted the significance of the decision because it allowed...
Continue Reading >
Brexit Updates
We met last week with Dan Reavill and Richard Brown from Travers Smith, who gave us an update on Brexit. Here are the highlights from these two esteemed London lawyers:
Overview. It has been 12 weeks since the historic Brexit vote. And...
Continue Reading >
On the Eve of Enacting The Defend Trade Secrets Act
The United States is about to enact The Defend Trade Secrets Act, an overwhelmingly bipartisan effort to provide a federal law civil claim for misappropriation of trade secrets. It is anticipated that President Obama will sign the bill, and it will b...
Continue Reading >
Two New Right of Publicity Decisions Heighten First Amendment Tension
We go for months with nothing but the slightest right of publicity kerfuffle here and there; and then, in the space of less than two weeks, we get two major appellate decisions. Both the Eighth and Ninth Circuit Courts of Appeal recently handed down...
Continue Reading >
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...
Continue Reading >
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...
Continue Reading >