Weekly IP Buzz for the week ending October 4, 2019
In this week's post, we look at large online advertising companies that use advertising technology known as “adtech” to track consumer interests. Given the amount of money involved, it is likely that large technology companies will lobby aggressively for “adtech” exemptions to the California Consumer Privacy Act (“CCPA”) set to become effective January 2020.
Also, effective October 1, 2019, the Northern District of Texas Chief Judge Barbara M.G. Lynn entered Second Amended Miscellaneous Order No. 62, which amends the Court’s previous local patent rules. Our post provides a discussion of key differences in the new NDTX local patent rules.
What is Adtech? With CCPA Imminent, Technology Companies Seek Advertising Exemptions
The California Consumer Privacy Act (“CCPA”) is slated to become effective January 2020, and many technology companies are lobbying to have the legislation include new exemptions for advertising technology, or as it is often referred to in the industry, for “adtech.”
The CCPA is considered to be GDPR-lite because many experts consider it to be a less stringent version of the European Union’s General Data Protection Regulation (“GDPR”). Some of the GDPR’s most well-known provisions give consumers the right to ask companies what type of sensitive personal information has been collected about them as well as the right to ask companies to entirely delete that personal information. The GDPR also allows for consumers to ask companies to stop tracking them for behavioral/advertising targeting purposes. While the CCPA is not as stringent as the GDPR in other places, it does include the aforementioned provisions designed to protect consumers and their personal data. This will affect the use of adtech by technology companies seeking to track consumers online.
Most consumers have had some sort of interaction with “targeted” or “behavioral” tracking. While many companies do disclose that they track such information to “better tailor” one’s viewing experience, extensive studies have shown that it is nearly impossible to truly “opt out” or delete these adtech digital footprints. This all changes, however, if other states follow California’s lead and enact legislation similar to the CCPA.
Read more here.
Northern District of Texas Adopts Amended Local Patent Rules Effective October 1, 2019
The Northern District of Texas Chief Judge Barbara M.G. Lynn entered Second Amended Miscellaneous Order No. 62, which amends the Court’s previous local patent rules. According to the Order, the Amended Rules “will take effect on October 1, 2019, and will apply to any Dallas division patent case filed on or after that date. It will also apply to any pending Dallas division patent case in which, on the date this Order takes effect, more than 9 days remain before the initial disclosures of asserted claims and preliminary infringement contentions required by paragraph 3-1 is due.”
Find more details here, including links to download files for NDTX Amended Miscellaneous Order No. 62.
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Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.
Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.