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Weekly IP Buzz for the Week Ending September 3, 2021

In this week's post, we see how Internet business opportunities come with legal risks and challenges that must be identified and addressed if eCommerce businesses hope to survive and thrive. 

Plus, in Minerva Surgical, Inc. v. Hologic, Inc, the Supreme Court further defined limitations on assignor estoppel in patent cases, that companies should be aware of.

eCommerce Law for Internet-Based Businesses

This is Part 1 of a series covering core legal issues for eCommerce and Internet-based businesses.

The tremendous opportunities generated by the Internet for eCommerce businesses also generate just as many risks.

At their core, an eCommerce business is substantially similar to more traditional businesses.  They have a legal structure (such as an LLC or corporation), need financial and human assets, and must comply with a host of laws and regulations.

However, the nature of the operations, structure, and assets of an eCommerce business pose unique legal challenges.

Find more here.

Assignor Estoppel in Patent Law: Important Limitations Defined

The Supreme Court recently issued a ruling on Minerva Surgical, Inc. v. Hologic, Inc. further defining the boundaries of a patent law doctrine, assignor estoppel. The doctrine of assignor estoppel states that an inventor who assigns the rights in their patent to a company may not later in litigation argue that the patent is invalid.  In the act of assigning, the patent the inventor is making explicit or implicit warranties that the patent is valid and so to later argue the contrary, would be unfair and inequitable.

Read the full article here.

Click to read the previous Weekly IP Buzz on Thriving Attorney.

For more posts, see our Ideate blog for the latest news and insights into law, business, and culture.

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In addition to publishing Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer. For more on the latest developments in IP law, see the blogs Ideate and IP Questions Answered.