IP & Technology Law Trends
All Articles
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...
Continue Reading >
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...
Continue Reading >
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...
Continue Reading >
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...
Continue Reading >
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...
Continue Reading >
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...
Continue Reading >