Jason Schwent

Jason Schwent

Thompson Coburn LLP

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Supreme Court limits liability for shipping parts of patented inventions abroad

Generally, to infringe a U.S. patent, the infringing activity — the unauthorized making, using, offering to sell, selling, or importation — occurs within the United States. However, there are exceptions to this rule. Under 35...more

3/20/2017 - Appeals Component Parts Doctrine Cross-Border Transactions Exclusive Licenses Exports Extraterritoriality Rules IP License Life Technologies v Promega Patent Infringement Patents SCOTUS Supply Contracts The Patent Act

University patents now immune to inter partes review: Will business come calling?

State colleges and universities recently received a potential increase in the value of their patent portfolios in the form of a ruling from the Patent Trial and Appeal Board (PTAB). ...more

3/8/2017 - America Invents Act Inter Partes Review (IPR) Proceeding Patent Invalidity Patent Portfolios Patent Trial and Appeal Board Patent Trolls Patents Sovereign Immunity Universities

Did U.S. executive order signal trouble for EU citizen privacy rights?

As President Trump settles into office, his administration has issued a flurry of executive orders aimed at reshaping the U.S. government. One order in particular may have a broader impact on global business than originally...more

2/14/2017 - EU EU-US Privacy Shield Executive Orders Foreign Nationals General Data Protection Regulation (GDPR) International Data Transfers Personal Data Privacy Act of 1974 Privacy Policy Public Safety Swiss Privacy Shield Trump Administration Umbrella Agreement

Swiss join the EU in reaching data transfer accord with the U.S.

Last year the U.S. Department of Commerce and the European Commission agreed on a data transfer protocol that provides a mechanism for compliance with data protection requirements when transferring personal data from the EU...more

1/20/2017 - Data Privacy Data Protection EU EU-US Privacy Shield International Data Transfers Personal Data Switzerland U.S. Commerce Department

FINRA fines again target financial firms for failure to follow regs

The Financial Industry Regulatory Authority (FINRA) has, of late, been very aggressive in enforcing its regulations in the area of cybersecurity. FINRA took a strong stance on cybersecurity earlier this year when it fined a...more

1/5/2017 - Cybersecurity Data Protection Financial Institutions FINRA

Boundaries of America Invents Act review procedures still being defined

With the America Invents Act (AIA), the Patent and Trademark Office (PTO) was tasked with creating a new administrative process for challenging certain business method patents. But nearly five years since the AIA, the...more

12/12/2016 - America Invents Act Covered Business Method Patents Patent Trial and Appeal Board Patents PTO

Managers of insolvent Missouri LLCs have no fiduciary duty to creditors

Two recent federal court decisions establish that managers of financially troubled Missouri limited liability companies do not owe a fiduciary duty to creditors of their troubled enterprises. Imperial Zinc Corp. v. Engineered...more

12/7/2016 - Creditors Fiduciary Duty Insolvency Limited Liability Company (LLC) Managers Operating Agreements

FINRA forces firms into the weeds on security policies

The Securities and Exchange Commission continues to be active in the area of cybersecurity. A recent Letter of Consent issued by the agency’s Financial Industry Regulatory Authority (FINRA) contained some startling new...more

11/22/2016 - Broker-Dealer Cybersecurity Data Privacy Data Security FINRA Investment Companies Personally Identifiable Information SEC

D.C. Court of Appeals checks, then balances CFPB’s power

A cornerstone of the Dodd-Frank Wall Street Reform and Consumer Protection Act was the creation of the Consumer Financial Protection Board (“CFPB”). The CFPB, as envisioned by the legislation, would be the independent...more

11/7/2016 - Appeals CFPB Consumer Protection Act Dodd-Frank Enforcement Authority PHH Corp. v CFPB Statute of Limitations

Case shows ever-changing nature of patent law

The America Invents Act (AIA), passed almost five years ago, continues to substantially change patent law in the United States — and questions about the law’s effects are still being litigated. One important question...more

10/17/2016 - America Invents Act Appeals Inventors Patent Applications Patent Infringement Patent Litigation Patents Pharmaceutical Industry Prior Art Teva Pharmaceuticals USPTO

When smart goes bad: Why internet security does not just refer to computers

A growing trend in the consumer electronics industry is the use of so-called “smart” devices — electronics that use wi-fi connections to allow them to be controlled remotely over the internet. From smart thermostats that can...more

10/4/2016 - Cyber Attacks Cybersecurity Denial of Service Attacks FDA FTC Hackers Internet Internet of Things Smart Devices

Don’t doubt the data breach: Massive Yahoo hack reminds us it’s not if, but when

Today, September 22, 2016, internet giant Yahoo announced a data breach that exposed the information of over 500 million of its users. The breach, announced by CEO Melissa Meyer, involved the breach of Yahoo servers exposing...more

9/23/2016 - Cybersecurity Data Breach Data Protection Encryption Hackers Risk Management Yahoo!

NIST and FAIR develop tool to merge cybersecurity risk standards

One key issue when developing a cybersecurity protocol for your business is ensuring compliance with industry standards to protect your business and adequately address cybersecurity risks. Fail to comply with the standard for...more

8/15/2016 - Cybersecurity Cybersecurity Framework Encryption Federal Industry Standards NIST Risk Assessment Risk Mitigation

Can 3D printing technology be stolen by sound recorders?

The growth of 3D printing seems to know no bounds. First developed in the ’80s, 3D printing, also known as additive manufacturing, began as a method for rapidly prototyping products during research and development. But with...more

8/2/2016 - 3D Printing Additive Manufacturing Cybersecurity Espionage Manufacturers Technology Young Lawyers

Defend Trade Secrets Notification Requirement

Most companies are aware that President Obama recently signed into law new federal trade secret protection, entitled the Defend Trade Secrets Act (DTSA). The DTSA provides protection for trade secrets similar to that found in...more

7/25/2016 - Attorney's Fees Confidentiality Agreements Damages Defend Trade Secrets Act (DTSA) Employee Handbooks Immunity Misappropriation Trade Secrets Uniform Trade Secrets Acts Whistleblower Protection Policies

Is encryption the key to your data security?

With the increased rate of data breaches targeting personal information, an increased public awareness of online privacy, and an increasingly demanding regulatory landscape, large and small businesses are looking to...more

7/25/2016 - American Bar Association (ABA) Cybersecurity Data Breach Data Privacy Data Protection Data Security Encryption HIPAA Model Rules Personal Data Popular Privacy Concerns

Colorado jumps into student data privacy protection with new privacy law

The recognized trend in data privacy is that those collecting or storing personally identifying information (“PII”) are required to safeguard and protect that information. The requirement to safeguard and protect data extends...more

7/20/2016 - Consent Data Collection Data Privacy Data Storage Providers Educational Institutions Notice Requirements Personally Identifiable Information Student Privacy Students Transparency

What you need to know about the new EU-U.S. data transfer pact

In October 2015, the Court of Justice of the European Union (“CJEU”), in its Schems decision, struck down protections afforded by the 2000 CJEU “Safe Harbor Decision.” The Safe Harbor framework had established a system by...more

7/14/2016 - CJEU Data Protection EU EU-US Privacy Shield FTC International Data Transfers Popular Safe Harbors U.S. Commerce Department UK Brexit

Illinois strengthens, expands scope of personal information protections

With the passage of the Illinois Personal Information Protection Act (HB1260) last month, Illinois substantially broadened the definition of personally identifiable information, and imposed requirements on data collectors for...more

6/2/2016 - Breach Notification Rule Cybersecurity Data Breach Data Collection Data Protection Encryption Personal Data Personal Information Protection Act Personally Identifiable Information PIPA Safe Harbors

5 ugly truths about patent litigation

Like the namesake for this blog, goats (despite the Internet’s recent affection for them) can be stubborn, less than attractive animals. And along with the horns, beards, and googly eyes, they can pack a mean punch if you...more

3/22/2016 - IP Litigation Litigation Fees & Costs Patent Infringement Patent Litigation Patent Trolls Patents Popular

So you want to protect your software: Tactics, options, and considerations post-Alice

Since its first development, intellectual property law has struggled with how to best protect software. Initially, developers could only choose between copyright or trade secret protection to protect their innovative...more

2/4/2016 - Abstract Ideas CLS Bank v Alice Corp Intellectual Property Protection Patent-Eligible Subject Matter Popular SCOTUS Software Developers Software Patents USPTO Young Lawyers

5 tips for managing your patent assets

Patent protection is one of the most important ways companies can protect their assets. Patents provide an unequaled head start in the marketplace. With patent protection, your business can work out all the growing pains...more

1/15/2016 - Intellectual Property Protection Patents Product Development Protocols Technology

5 tips for cutting patent litigation costs

Ever since the U.S. Supreme Court’s Alice Corp. v. CLS Bank decision, the number of patent litigation cases, which for years leading up to that case had been on the increase, have been on the decline. Projections are that the...more

11/18/2015 - America Invents Act Corporate Counsel Discovery Litigation Fees & Costs Patent Infringement Patent Litigation Popular Young Lawyers

[Webinar] Cloud Computing 101- How It Works, What Are Its Risks and What Are Its Rewards - Oct. 14th, 12:00pm CDT

Are you using the Cloud? Are you thinking about using the Cloud? Are you confused by why you should care about the Cloud or what the Cloud has to offer? Are you concerned there are issues with using the Cloud that you're not...more

10/7/2015 - Cloud Computing Cybersecurity Data Breach Data Protection Popular Webinars

The state of laches: Is delay in patent law different from delay in copyright law?

Copyright and patent law, because of their shared origins in the same Constitutional clause, are inextricably linked. The rationale used in supporting decisions in the copyright context are often not just equally applicable...more

10/2/2015 - Copyright Copyright Infringement Copyright Litigation Damages En Banc Review Laches Limitation Periods Patent Infringement Patent Litigation Patents Petrella v. MGM SCOTUS The Patent Act

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