In this recent post to our fellow DLA blog – Technology’s Legal Edge – our colleague Giulio Coraggio identifies some of the legal issues that are being sorted out with respect to the Internet of Things, including the following:

  • Is “industrial” data personal data?
  • How do you protect data and IoT technologies?
  • Who is the owner of the data?
  • Is data kept secure?
  • What liability if things go wrong?

He also notes some EU-specific questions.  His full post can be found here.
Continue Reading The Internet of Things and its Legal Dilemmas

On May 11, President Barack Obama today signed the Defend Trade Secrets Act (DTSA) into law.  The law is effective immediately.  The DTSA provides a federal claim for misappropriation of trade secrets. Until now, trade secrets have been protected only at the state level, with most states (other than New York and Massachusetts) adopting their own version of the Uniform Trade Secrets Act (UTSA).

You can read more about the details of the new law here in an overview by our colleagues Victoria Lee, Rajiv Dharnidharka and Katherine Cheung
Continue Reading Employee and Other Proprietary Information & Invention Assignment Agreements – Update for New Trade Secret Law

Megan Muir

From our colleague Robert Benson in Los Angeles, here is a helpful summary of the recent patent law changes as a result of the Leahy-Smith America Invents Act (H.R. 1249) signed into law on Friday, September 16, 2011.  The biggest change – giving priority to the inventor “first-to-file” rather than the one who was “first-to-invent” – becomes effective 18 months from enactment, while a number of other changes kick in immediately.  For those of us accustomed to the prior U.S. system that focused on the first
Continue Reading New Patent Law Enacted

Here is a helpful reminder for startups as a cost-effective way to deal with potential mischief on the Internet.  As the article explains, the “dot-xxx” (.XXX) top-level domain is just days from its launch as the new home for adult content on the Internet.  As part of the launch, companies that do not want their brands associated with adult content have an opportunity to block their registered trademarks from being registered as .XXX domains.  Read more here.Continue Reading Deadline to Block Trademarks from New Adult Dot.XXX Top-Level Domain

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Anthony Kappus

Is the term sheet you just signed an enforceable agreement, or is it simply an “agreement to agree?”  The Delaware Court of Chancery took up this question in a recent decision, Pharmathene, Inc. v. Siga Technologies, Inc.  The full opinion is available here.

The court, addressing whether a term sheet for a licensing agreement was binding on the parties, set out a two part test:

Continue Reading When is a term sheet binding?