Sunstein Insights
Sunstein Insights shed light on recent IP events and decisions.
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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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State Universities Are Not Immune From Challenges to Their Patents at the USPTO
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IP Considerations For Distinctive Moves and Other Content in Video Games
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Brewing Up a Controversy: Super Bowl Ad Provokes Clash Between Two Beer Industry Juggernauts
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The California Consumer Privacy Act: More Relevant Than You Think
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Bipartisan Legislation Develops to Remove Supreme Court Roadblocks to Biotechnology and Computer Science Patents
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Copyright Owners Must Wait to File Infringement Claims
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Not All Litigation Expenses Are Recoverable Under the Copyright Act
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Once Again, the Federal Circuit Strikes Down Claims Directed to a Diagnostic Method
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Secret Sales Trigger the On-Sale Bar under the Patent Statute, Says the Supreme Court
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Europe’s One-Stop Shop for Privacy Regulation: For EU Companies Only?
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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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