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Recent Google sanctions should prompt review of data preservation practices

LexBlog IP

A federal court in California ruled in favor of sanctions against Google last week for failing to preserve records. However, chat histories reviewed by the court showed employees requesting to be off-the-record—with chat history off—even when discussing potentially relevant topics.

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Duty of Disclosure Before USPTO Highlighted in Federal Register

LexBlog IP

Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. The second portion of the notice emphasizes the consistency of disclosure to the USPTO among other governmental agencies and commercialization activities, including market testing, offers for sale, and reduction to practice.

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Monthly Wrap Up (March 12, 2023): Noteworthy Trade Secret and Restrictive Covenant Cases, Developments and Posts

LexBlog IP

Can a pleading citing “information and belief” for its allegations of misappropriation survive a motion to dismiss under Rule 12(b)(6)? In a post for Patently-O , Peter describes how the TSCMJG came into existence. Disputes over inventorship are not confined to patent cases and often arise in trade secrets cases too.

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The 5th Circuit Puts the 1st Amendment in a Blender & Whips Up a Terrible #MAGA Kool-Aid–NetChoice v. Paxton

Technology & Marketing Law Blog

Florida and the plaintiffs will cross-appeal the 11th Circuit ruling to the Supreme Court in the very near future. The Texas law went to the Fifth Circuit, a well-known graveyard for the rule of law, and in May 2022 the panel reversed the injunction without issuing an opinion explaining why. That was rogue behavior by the panel.