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Trade Secrets

  • New Measures to Combat Chinese Trade Secrets Theft: Will They Work?

    For trade secret owners, international IP theft is of particular concern because of the difficulty in catching and enforcing remedies against the thieves.  For many U.S. companies with a global reach, an overriding concern has been how to combat economic espionage from Chinese state-owned companies or individuals.  During his campaign, ... Read More
    Source: OrrickPublished on 2017-09-22By Catherine Y. Lui
  • New Measures to Combat Chinese Trade Secrets Theft: Will They Work?

    For trade secret owners, international IP theft is of particular concern because of the difficulty in catching and enforcing remedies against the thieves.  For many U.S. companies with a global reach, an overriding concern has been how to combat economic espionage from Chinese state-owned companies or individuals.  During his campaign, ... Read More
    Source: OrrickPublished on 2017-09-22By Catherine Y. Lui
  • CAFC says Equitable Estoppel Cannot Compel Arbitration in Waymo v. Uber

    Uber Technologies, Inc. and Ottomotto LLC (“Uber”), appealed the district court’s order, denying Uber’s motion to compel arbitration of pending litigation with Waymo, LLC (“Waymo”). Levandowski, a former employee of Waymo, was an Intervenor in this case. Uber sought to compel arbitration on the basis of Waymo’s arbitration agreement with ... Read More
    Source: IP Watch DogPublished on 2017-09-22By Robert Schaffer
  • Intervenor Not Entitled to Mandamus Relief on Discovery Dispute in Waymo v. Uber

    Waymo, a Google spin-off, sued Uber and Ottomotto for patent infringement and violations of federal and state trade secret laws. Waymo alleged that its former employee, Mr. Levandowski, improperly downloaded documents on Waymo’s driverless vehicle technology prior to leaving the company and founding Ottomotto, which was subsequently acquired by Uber ... Read More
    Source: IP Watch DogPublished on 2017-09-22By Joseph Robinson
  • Back to School Edition: Trade Secrets Go Off to College

    After the long break, students have returned to colleges and universities across the country where they will trade late summer nights out with friends for tossing Frisbees on the quad.  As classes begin, we at TSW wanted to take a moment to look at some trade secrets disputes at the ... Read More
    Source: OrrickPublished on 2017-09-07By Warrington Parker
  • Back to School Edition: Trade Secrets Go Off to College

    After the long break, students have returned to colleges and universities across the country where they will trade late summer nights out with friends for tossing Frisbees on the quad.  As classes begin, we at TSW wanted to take a moment to look at some trade secrets disputes at the ... Read More
    Source: OrrickPublished on 2017-09-07By Warrington Parker
  • Making a Federal Case out of Trade Secrets

    “The most important change was that DTSA allowed someone claiming their trade secret was being used improperly to go into a federal court,” explained Jacoby. “In most situations, the employer and the employee in a trade secret dispute are likely to be in the same state. Usually, two citizens of ... Read More
    Source: IP Watch DogPublished on 2017-09-01By Amanda G. Ciccatelli
  • EU Study: Trade Secrets Top Patents in European Union

    Just as the U.S. Patent and Trademark Office has shown a keen interest in better understanding policy concerns and the needs of business stakeholders in the area of trade secrets (see our coverage of both USPTO symposia here and here) against the backdrop of a new federal law, the EU’s ... Read More
    Source: OrrickPublished on 2017-08-31By Denise M. Mingrone
  • EU Study: Trade Secrets Top Patents in European Union

    Just as the U.S. Patent and Trademark Office has shown a keen interest in better understanding policy concerns and the needs of business stakeholders in the area of trade secrets (see our coverage of both USPTO symposia here and here) against the backdrop of a new federal law, the EU’s ... Read More
    Source: OrrickPublished on 2017-08-31By Denise M. Mingrone
  • IP Strategy is a Tricky Balancing Act for Pharmaceuticals

    The 20 years of protection afforded by a patent is intended to promote innovation by allowing inventors a chance to recoup development costs and derive a profit from their efforts. However, in the pharmaceutical industry, the practical duration of protection is often substantially shorter since obtaining a patent is just ... Read More
    Source: IP Watch DogPublished on 2017-08-26By Shai Jalfin
  • TOTAL ECLIPSE EDITION: Trade Secret Disputes That Are Out of This World

    Take off your eclipse glasses, close that NASA photo gallery, and stop thinking about how “path of totality” would make an awesome band name: it’s time to get back to work. As the country recovers from Eclipse Mania 2017, we take a look at some space-related trade secrets cases. Turn ... Read More
    Source: OrrickPublished on 2017-08-26By Vann Pearce
  • TOTAL ECLIPSE EDITION: Trade Secret Disputes That Are Out of This World

    Take off your eclipse glasses, close that NASA photo gallery, and stop thinking about how “path of totality” would make an awesome band name: it’s time to get back to work. As the country recovers from Eclipse Mania 2017, we take a look at some space-related trade secrets cases. Turn ... Read More
    Source: OrrickPublished on 2017-08-26By Vann Pearce
  • Excess Cargo? Shipping Common Law Claims Out of a Trade Secret Complaint

    AFS, a company specializing in streamlining shipping costs and logistics, had its eight count amended complaint streamlined to only one—its Tennessee Uniform Trade Secrets Act (“TUSTA”) claim—primarily due to preemption and AFS’s lack of specificity as to its common law claims. AFS filed suit in December 2016 against two prior ... Read More
    Source: OrrickPublished on 2017-08-16By Johanna Jacob
  • Excess Cargo? Shipping Common Law Claims Out of a Trade Secret Complaint

    AFS, a company specializing in streamlining shipping costs and logistics, had its eight count amended complaint streamlined to only one—its Tennessee Uniform Trade Secrets Act (“TUSTA”) claim—primarily due to preemption and AFS’s lack of specificity as to its common law claims. AFS filed suit in December 2016 against two prior ... Read More
    Source: OrrickPublished on 2017-08-16By Johanna Jacob
  • Do You Know How to Protect What’s Yours?

    In the wake of recent judicial and legislative developments, protecting “what’s yours” has become even more complex. Many businesses and intellectual property lawyers have appropriately favored a strategy focused on obtaining patents when available to protect intellectual assets. However, in recent years there have been unprecedented changes to the American ... Read More
    Source: IP Watch DogPublished on 2017-08-13By Amanda G. Ciccatelli
  • EVEN BAMBI IS A TRADE SECRET: Eastern District Of Texas Finds That Lineage and Genetic Information of Deer Are Trade Secrets, Grants Preliminary Injunction

    As surprising as it may be to city dwellers, the deer farming industry generates $3 billion per year for the U.S. economy. According to the North American Deer Farmers Association, “deer farming is one of the fastest growing industries in rural America.”  The corollary of the deer farming industry is ... Read More
    Source: OrrickPublished on 2017-07-28By Michael Weil
  • EVEN BAMBI IS A TRADE SECRET: Eastern District Of Texas Finds That Lineage and Genetic Information of Deer Are Trade Secrets, Grants Preliminary Injunction

    As surprising as it may be to city dwellers, the deer farming industry generates $3 billion per year for the U.S. economy. According to the North American Deer Farmers Association, “deer farming is one of the fastest growing industries in rural America.”  The corollary of the deer farming industry is ... Read More
    Source: OrrickPublished on 2017-07-28By Michael Weil
  • Companies Prefer Trade Secrets To Patents To Protect Innovation, EUIPO Finds

    “Despite their economic importance, and in particular their role in protecting returns from innovation, trade secrets are poorly studied and their relationship with patents is often misinterpreted,” the EU Intellectual Property Office (EUIPO) said in a study published this month. It used a survey of around 200,000 companies in Europe's ... Read More
    Source: IP WatchPublished on 2017-07-27By Dugie Standeford
  • PILLOW TALK: A Threat to Trade Secrets?

    It turns out that, even in romantic relationships, some things are best kept secret.  On July 7, 2017, Teva Pharmaceuticals USA, Inc. filed a complaint in the Eastern District of Pennsylvania alleging that a former executive disclosed confidential information to a romantic partner who happens to be an executive of ... Read More
    Source: OrrickPublished on 2017-07-21By George L. Kanabe
  • PILLOW TALK: A Threat to Trade Secrets?

    It turns out that, even in romantic relationships, some things are best kept secret.  On July 7, 2017, Teva Pharmaceuticals USA, Inc. filed a complaint in the Eastern District of Pennsylvania alleging that a former executive disclosed confidential information to a romantic partner who happens to be an executive of ... Read More
    Source: OrrickPublished on 2017-07-21By George L. Kanabe
  • View from the Courtroom: What to Expect When You Try to Get a TRO in Your Unfair Competition Case

    Experience shows that most unfair competition or trade secret theft issues can be resolved without the need for litigation; often, an exchange of letters between the parties’ respective attorneys is sufficient to resolve the matter. However, litigation is sometimes unavoidable, and when it occurs, the employers involved are often surprised ... Read More
    Source: IP Watch DogPublished on 2017-07-16By Steven Blackburn
  • What Will Not Work to Protect Trade Secrets or Enforce Non-Competes in California

    Employers should think twice before including the unenforceable provisions in employment contracts merely for their deterrent effect. Such a practice is risky. If an employer terminates an employee who refuses to sign an agreement that contains an unenforceable non-compete provision, such action would constitute a wrongful termination in violation of ... Read More
    Source: IP Watch DogPublished on 2017-07-13By James Goodman
  • Courts Continue to Enforce Foreign Non-Competes in California While the Window for Such Agreements Slowly Closes

    Contrary to common perception, California employees who signed restrictive covenants prior to January 1, 2017 are not completely immune to enforcement of all restrictions on competition. For the second time in several years, a foreign corporation, Synthes, Inc., successfully enforced a non-competition agreement against former employees who were California residents. ... Read More
    Source: OrrickPublished on 2017-07-13By Glenn Dassoff
  • Courts Continue to Enforce Foreign Non-Competes in California While the Window for Such Agreements Slowly Closes

    Contrary to common perception, California employees who signed restrictive covenants prior to January 1, 2017 are not completely immune to enforcement of all restrictions on competition. For the second time in several years, a foreign corporation, Synthes, Inc., successfully enforced a non-competition agreement against former employees who were California residents. ... Read More
    Source: OrrickPublished on 2017-07-13By Glenn Dassoff
  • Pooley’s Corner: Was America’s Industrial Revolution Based on Trade Secret Theft?

    When I was in Geneva trying to engage developing countries about the value of robust IP laws, occasionally I heard a response like this: “What hypocrites you are! The U.S. economy got its start by stealing from abroad. Why should today’s poor nations be denied the same opportunity to catch ... Read More
    Source: OrrickPublished on 2017-07-06By James Pooley
  • Pooley’s Corner: Was America’s Industrial Revolution Based on Trade Secret Theft?

    When I was in Geneva trying to engage developing countries about the value of robust IP laws, occasionally I heard a response like this: “What hypocrites you are! The U.S. economy got its start by stealing from abroad. Why should today’s poor nations be denied the same opportunity to catch ... Read More
    Source: OrrickPublished on 2017-07-06By James Pooley
  • Was America’s Industrial Revolution Based on Trade Secret Theft?

    Is it reasonable to say that the U.S. got an unfair head start on the Industrial Revolution by stealing secrets from Britain? I don't think so. Industrial espionage had been practiced in Europe throughout the 18th Century, with the British and French particularly active, even using diplomats to get access ... Read More
    Source: IP Watch DogPublished on 2017-07-05By James Pooley
  • Amendments to Texas UTSA Bring it Closer in Line with DTSA, but Differences Remain

    (Editors’ note: Thanks to Orrick summer associate, Ruben Sindahl, for his help with this blog post.) Just four years after the Lone Star State ended its holdout by becoming the 48th State to adopt the Uniform Trade Secrets Act, Texas passed a bill to amend its enactment. The bill was ... Read More
    Source: OrrickPublished on 2017-06-23By Daniel Corbett
  • Amendments to Texas UTSA Bring it Closer in Line with DTSA, but Differences Remain

    (Editors’ note: Thanks to Orrick summer associate, Ruben Sindahl, for his help with this blog post.) Just four years after the Lone Star State ended its holdout by becoming the 48th State to adopt the Uniform Trade Secrets Act, Texas passed a bill to amend its enactment. The bill was ... Read More
    Source: OrrickPublished on 2017-06-23By Daniel Corbett
  • Critical Importance of Realistically Identifying and Protecting Trade Secrets and Confidential Information

    California employers often face an upward battle when it comes to protecting against competitive activity by former employees... In order to safeguard their trade secrets, companies doing business in California need to be on the offensive to ensure that they are properly protected at both the beginning and end of ... Read More
    Source: IP Watch DogPublished on 2017-06-19By James Goodman