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Spring 2017 Issue



Enforcing Data Security Policies With External Service Providers


by James Quinn

In an article published in the May 7 edition of The New York Times, Nicole Perlroth reported on data security breaches that affected big names like Lady GaGa, Netflix, and Lockheed Martin. In the case of Lady GaGa and Netflix, pre-release copies of songs and TV episodes were taken and distributed by hackers. These thefts were orchestrated by penetrating the systems of organizations that provide ancillary services to the headliners.

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Patent Infringement Cases Will be
Closer to Home


by Craig Lervick

As has been widely observed over the past several years, certain locations have become preferred venues for patent infringement suits. Naturally, any plaintiff looking to file such a suit will seek a venue that is most likely to produce a favorable result. Many business people recognize the Eastern District of Texas as one location that is favorable to patent owners. Based on a recent Supreme Court decision, infringement cases will likely spread out across the country.

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Art That Stands Alone

by James Quinn

On March 22, 2017, the Supreme Court handed down a decision about a potentially significant copyright issue. In the Varsity Brands case the court said that various designs consisting of things like stripes and chevrons on a cheerleading uniform were eligible for copyright protection. Useful articles like clothing aren’t subject to copyright protection – they are more properly covered by patents. However, in the Varsity situation, even though the cheerleading uniforms themselves were functional items, the graphic designs that were applied to the uniforms were capable of standing alone as separate creative works.

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Patent Owners Cannot use Patent law to Enforce Post-Sale Restrictions on Purchasers

 

by Katie Muller


A patent owner generally has the right to exclude others from making, using, selling, offering for sale or importing the patented invention. However, these rights cease to exist with respect to a patented product when the "patentee" sells the product to a purchaser. This same understanding was recently confirmed by the US Supreme Court in Impression Products v. Lexmark International, Inc.

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Are You Considering the Legal Issues of your 2017 Digital Transformation?

 

by Amanda Matchett


If you are considering a digital transformation in 2017, you are not alone. Every industry, including the legal industry, has felt the pull to complete varying degrees of digital transformation. Such an undertaking can include moving storage to a cloud service, the addition of mobile applications, going paperless or using an e-signature platform. To ensure compliance with the law, the ethical use of technology, and the security of all data, organizations should fully consider all applicable legal and compliance issues that may arise during any digital transformation.


 



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Amanda Matchett


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Larkin Hoffman provides counsel to a wide variety of ‎organizations, from ‎small businesses and nonprofits to  Fortune 500 companies, in ‎many areas of practice including ‎corporate and governance matters, litigation, real ‎estate, government relations, labor and employment, intellectual property, ‎information technology, ‎franchising and taxation. The firm also serves the needs of individuals in many ‎areas ‎including trusts and estates and family law.

 

This newsletter is provided as a service to our clients and firm associates. While the information provided in this newsletter is believed to be accurate, it is general in nature and should not be construed as legal advice.


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