Sunstein Insights
Sunstein Insights shed light on recent IP events and decisions.
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Supreme Court Won’t Fix the Patentability Mess It Created A Decade Ago
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WTO Authorizes Partial TRIPS Waiver For Covid-19 Vaccines
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Wind Turbine Patents Extend to Outer Continental Shelf
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To Avoid the On-Sale Bar, Patent Applicant’s “Experimental Use” Should be Unmistakable
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The “Luxury” of Trademark Protection Crosses an Unknown Frontier
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THE Biggest Collegiate Trademark News This Year: How Ohio State University Trademarked THE
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Protecting IP in the Face of Russia Sanctions
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New Restrictions on Exports to Russia: US Technology Embedded in Products Made Overseas
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For Those Challenging a Patent’s Validity in an IPR, New Clarity on Which Arguments Can Later be Litigated in Court
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Two Federal Circuit Decisions Show Why Forum-Selection Clauses Require Clarity
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It’s Not Complicated: Make Sure the Technical Expert You Retain to Testify About Infringement Has Credentials That Match the Level of Skill Required by the Court
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“Everybody Makes Mistakes”- A Forgiving Approach by the Supreme Court Changes Copyright Law
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Artwork Created by Artificial Intelligence (AI) Not Eligible for Copyright
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Cyber-criminals Beware: Governmental Surveillance of Suspects Does Not Always Require a Warrant
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It’s Forever: R&B Group’s Trademark Contested by Rival Singers in Both TTAB and Federal Court
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Federal Circuit Jumps to Step Two To Rescue Authentication Patent
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The EU’s New Privacy Rules: The Promise and Peril for US Data Processors
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The Estate of Henrietta Lacks Sues Thermo Fisher Scientific
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A Procedural Bias Favors Patent Owners in IPRs
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What is a COVID-19 Vaccine Intellectual Property Waiver?
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Will NFTs revolutionize patent law?
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Supreme Court Finds Constitutional Violation in Patent Challenges, But Provides Quick Fix
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The European Commission Publishes Comprehensive Contractual Clauses For Use in Data Transfers from Europe
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NFTs – A Novel Challenge For Traders, Investors and Copyright Lawyers
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Privacy in the Cellphone Era: The Supreme Court Opens the Door to Automated Text Messages
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Warhol, Prince, and a Continued Narrowing of Copyright’s Fair Use Doctrine
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Google v. Oracle: Supreme Court Holds Copying of Key Part of Java Software, its API, is Fair Use
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“We’re Here to Help.” Government’s Ideal Role in Sparking Medical Advances?
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Federal Circuit Reverses US Navy’s Short-Lived Avoidance of Software Piracy Claim
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The Supreme Court Ponders These Questions in Google v. Oracle: Is the Sky Falling? Is JAVA like the QWERTY Keyboard?
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YouTube’s Copyright Policy: Pitfalls Aplenty for Video Creators
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The Department of Justice Takes on the IEEE
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The Ongoing Saga of American Axle and Patent Eligibility
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The EU-US Privacy Shield is Invalid: Facebook May Be Only the First Casualty
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When a State University is a Reluctant Plaintiff, Can Its Licensee Sue Anyway?
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Businesses Beware: Don’t Restrain Former Employees by Exaggerating Your Trade Secret Claims
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Scraping Too Much Website Data May Be Trade Secret Misappropriation
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FanDuel Learns the Hard Way: An IPR Challenge to Any Patent Claim May be Lost if Not Comprehensive and Rigorous Enough
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No License, No Chips: Qualcomm’s Controversial Licensing Strategy Is Not an Antitrust Violation
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Supreme Court Denies Copyright Enforcement to State Legislature
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3M Strikes Against N95 Mask Price Gouging
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Trademark Infringement Remedies Just Got Snappier? United States Supreme Court Says Proving Willfulness Is Not Required For Recovering an Infringer’s Profits
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Or Forever Hold Your Peace: Supreme Court Ruling Will Spur Early Efforts to Sway PTAB as to Timeliness of IPR Petitions
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AI Machine is Denied Patent
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Back to Work: The Use of Contact Tracing Technology to Improve Worker Safety
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Activision Wins the (Trademark) War: First Amendment Protects Depiction of Humvees in Realistic Video Games
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Upgrade of Appeal Board Decisions Sought to Help Patent Medical Innovations
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Does the Defense Production Act Provide a Safe Harbor Against Infringement Claims?
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Fresh is Best and Stale Will Fail: The PTAB Explains Its Logic in Refusing to Institute an IPR
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Supreme Court Allows States to Plunder Copyrighted Videos
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Federal Circuit Averts Huge Disruption to the Patent System by Fashioning a Cure to the Status of Administrative Judges
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Facial Recognition: A Clear View to Dystopia
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Court’s Strict Interpretation of Timing Requirement May Force Patent Validity Challenges in Two Forums
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Virus-Related Legislation Extends Patent and Trademark Deadlines
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Federal Circuit Asks Congress to Override Supreme Court's Denial of Patents for Diagnostics
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FTC Unfriends Facebook But Wants to Stay in Touch
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Twenty Years Under the Microscope: A Small Business, a Data Breach and the FTC
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Humvee Goes Into Battle: Will Its Trademarks Leave Tread Marks on Video Game Makers?
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Beware: Run-of-the-Mill Forum Selection Clause Could Thwart Patent Challenges
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State Universities Are Not Immune From Challenges to Their Patents at the USPTO
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Restricting Keyword Advertising Can be Anticompetitive, holds the FTC
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Digital Resale: Where New Technology Stumbles Over Old Law
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The Federal Circuit Refines the Post-Alice Landscape, Holding Spreadsheet Tabs Patent-Eligible
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PTO Director Iancu Launches Bold Initiative to Resolve Uncertainty in Patent Eligibility Determinations
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New Guidelines Proposed for Functional Claiming in Computer-Related Inventions
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Big Changes to Canada’s Trademark Laws
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Congress Freshens Up Music Copyright Law for the Digital Age
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