The Business, Entrepreneurship & Tax Law Review


Evan Weidner


Intellectual property (“IP”) protections have traditionally been mutually exclusive; an innovator who obtains one type of protection could not obtain another on the same invention. Though the possibility of overlapping IP rights has changed substantially over the years, the general opinion remained one of disapproval until recently. In Oracle Am., Inc. v. Google LLC, the Federal Circuit voiced approval of overlapping IP rights. This article examines the history of overlapping IP rights and advocates that the Federal Circuit’s acceptance of such an overlap is the proper standard.

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