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Trade Secrets

  • Lighthizer’s Double Challenge: Protecting IP by Managing Both China and Trump
    While a preliminary trade deal seems to have been struck between China and the United States over tariffs, the two sides have yet to seriously address the toughest and perhaps most economically crucial issues on the table: China clinging to a tech policy based on systematic theft of U.S. intellectual ... Read More
    Source: IP Watch DogPublished on 2019-03-17By Logan Finucan
  • Up and Running: Senate IP Subcommittee to Debate USPTO Oversight Today After Setting Ambitious Agenda in February
    Today, March 13, the Senate Subcommittee on Intellectual Property met to discuss “Oversight of the United States Patent and Trademark Office,” with USPTO Director Andrei Iancu as the sole witness. IPWatchdog will report the details of that hearing in full, but in the meantime it is worth reviewing what the ... Read More
    Source: IP Watch DogPublished on 2019-03-13By IPWatchdog
  • Up and Running: Senate IP Subcommittee Debates USPTO Oversight After Setting Ambitious Agenda in February
    Today, March 13, the Senate Subcommittee on Intellectual Property met to discuss “Oversight of the United States Patent and Trademark Office,” with USPTO Director Andrei Iancu as the sole witness. IPWatchdog will report the details of that hearing in full, but in the meantime it is worth reviewing what the ... Read More
    Source: IP Watch DogPublished on 2019-03-13By IPWatchdog
  • Post-Myriad Legal and Policy Considerations for Patenting Genetic Inventions
    The U.S. Supreme Court’s 2013 ruling in Association for Molecular Pathology v. Myriad Genetics changed the landscape of what is considered patentable material in the context of genetic inventions. In the five years since Myriad, companies have pushed the boundaries of patenting certain types of genetic materials. Despite Myriad’s express ... Read More
    Source: IP Watch DogPublished on 2019-03-10By Karen Carroll
  • Post-Myriad Legal and Policy Considerations for Patenting Genetic Inventions
    The U.S. Supreme Court’s 2013 ruling in Association for Molecular Pathology v. Myriad Genetics changed the landscape of what is considered patentable material in the context of genetic inventions. In the five years since Myriad, companies have pushed the boundaries of patenting certain types of genetic materials. Despite Myriad’s express ... Read More
    Source: IP Watch DogPublished on 2019-03-10By Karen Carroll
  • FOIA Exemption 4 Tightens the Spigot on Public Disclosure of Bottled Water Sourcing Records
    The Freedom of Information Act (“FOIA”) grants the public a powerful right of access to records in the possession of federal agencies.  However, this right of access is subject to nine distinct exemptions.  As demonstrated by D.C. District Court Judge Trevor N. McFadden’s opinion in Story of Stuff Project v. ... Read More
    Source: OrrickPublished on 2019-03-09By Alex Fields
  • Post-Myriad Legal and Policy Considerations for Patenting Genetic Inventions
    The U.S. Supreme Court’s 2013 ruling in Association for Molecular Pathology v. Myriad Genetics changed the landscape of what is considered patentable material in the context of genetic inventions. In the five years since Myriad, companies have pushed the boundaries of patenting certain types of genetic materials. Despite Myriad’s express ... Read More
    Source: IP Watch DogPublished on 2019-03-08By Karen Carroll
  • Why it May Be Time to Provide Criminal Remedies for Patent Infringement
    Under normal circumstances, infringement and misappropriation of the intellectual property (IP) rights of others are subject to civil liability under U.S. federal (and some states’) law; the remedies for those whose rights have been violated typically include money damages or some form of equitable relief, such as an injunction. However, ... Read More
    Source: IP Watch DogPublished on 2019-03-04By Brooke Blackman
  • Why it May Be Time to Provide Criminal Remedies for Patent Infringement
    Under normal circumstances, infringement and misappropriation of the intellectual property (IP) rights of others are subject to civil liability under U.S. federal (and some states’) law; the remedies for those whose rights have been violated typically include money damages or some form of equitable relief, such as an injunction. However, ... Read More
    Source: IP Watch DogPublished on 2019-03-04By Brooke Blackman
  • “Aloha” to Federal Jurisdiction Over Trade Secrets Claims
    As two recent cases show, how one pleads its case under the Defend Trade Secrets Act can be the difference between whether “aloha” means hello or goodbye to federal jurisdiction. A district court in Hawaii recently dismissed a plaintiff’s claim under the DTSA because it failed to establish subject matter ... Read More
    Source: OrrickPublished on 2019-02-23By Mike Delikat
  • Of Secret Sales and Public Uses: The Practical Consequences of the Supreme Court’s Helsinn Decision
    It seemed like a trade secret trifecta when Congress in 2011 passed the America Invents Act (AIA). Although the statute was aimed at patent reform, it made three helpful changes in how trade secrets are treated. First, companies could hold onto secret information about an invention without risking invalidation of ... Read More
    Source: IP Watch DogPublished on 2019-02-22By James Pooley
  • Of Secret Sales and Public Uses: The Practical Consequences of the Supreme Court’s Helsinn Decision
    It seemed like a trade secret trifecta when Congress in 2011 passed the America Invents Act (AIA). Although the statute was aimed at patent reform, it made three helpful changes in how trade secrets are treated. First, companies could hold onto secret information about an invention without risking invalidation of ... Read More
    Source: IP Watch DogPublished on 2019-02-22By James Pooley
  • Don’t Be Fooled by His Patent Purge: Elon Musk is Just Another Hypocritical Tech Billionaire
    In 2014, Elon Musk made Tesla’s patents available for anyone to use for free, stating that “technology leadership is not defined by patents.” Earlier this month, Musk announced again that he had released all of Tesla's patents, promising the company "will not initiate patent lawsuits against anyone who, in good ... Read More
    Source: IP Watch DogPublished on 2019-02-20By Paul Morinville
  • Don’t Be Fooled by His Patent Purge: Elon Musk is Just Another Hypocritical Tech Billionaire
    In 2014, Elon Musk made Tesla’s patents available for anyone to use for free, stating that “technology leadership is not defined by patents.” Earlier this month, Musk announced again that he had released all of Tesla's patents, promising the company "will not initiate patent lawsuits against anyone who, in good ... Read More
    Source: IP Watch DogPublished on 2019-02-20By Paul Morinville
  • Senate Judiciary Committee Creates IP Subcommittee to Combat IP Theft
    Last week, the United States Senate Judiciary Committee announced the creation of a new subcommittee on intellectual property.  The IP subcommittee will address a range of IP issues, including theft by state actors such as China.  The announcement of the subcommittee comes in the wake of increasing tension over trade ... Read More
    Source: OrrickPublished on 2019-02-13By James McQuade
  • IP and Innovation on Capitol Hill: Week of February 11
    This week on Capitol Hill, the Democrat-controlled House of Representatives has planned a number of hearings on climate change and antitrust matters, especially where the T-Mobile/Sprint merger is concerned. In the Senate, cybersecurity takes center stage at the Senate Homeland Security and Energy Committees. Elsewhere in Washington, D.C., the Brookings ... Read More
    Source: IP Watch DogPublished on 2019-02-11By IPWatchdog
  • IP and Innovation on Capitol Hill: Week of February 11
    This week on Capitol Hill, the Democrat-controlled House of Representatives has planned a number of hearings on climate change and antitrust matters, especially where the T-Mobile/Sprint merger is concerned. In the Senate, cybersecurity takes center stage at the Senate Homeland Security and Energy Committees. Elsewhere in Washington, D.C., the Brookings ... Read More
    Source: IP Watch DogPublished on 2019-02-11By IPWatchdog
  • Another California Court Raises Doubts on Employee Non-Solicitation Provisions
    Last November, we discussed the potential impact of a recent California appellate court decision, AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., 28 Cal. App. 5th 923 (2018), which called into question long-standing California precedent enforcing certain employee non-solicitation provisions.  However, we noted it was too soon to forecast the ... Read More
    Source: OrrickPublished on 2019-02-11By Glenn Dassoff
  • Why Helsinn v. Teva Creates Inscrutable Uncertainty About the Scope of Prior Art Instead of Confirming Longstanding Law
    To the casual observer, the Supreme Court’s January 23 decision in Helsinn v. Teva may seem like no big deal. In just a few pages of text, the Court informs us that Congress did not change the established meaning of “on sale” prior art when it rewrote Section 102 of ... Read More
    Source: IP Watch DogPublished on 2019-02-06By Hans Sauer
  • IP and Innovation on Capitol Hill: Week of February 4
    This week on Capitol Hill, committee hearings in the U.S. Senate will focus on innovations related to financial systems, the race to 5G network connectivity and advances in energy-related technologies. In the U.S. House of Representatives, net neutrality makes its return as a hotly-debated topic, while the House Science Committee ... Read More
    Source: IP Watch DogPublished on 2019-02-04By IPWatchdog
  • Closing the Gap Between Intellectual Property Awareness and Understanding
    Intellectual property (IP) promotes innovation. The limited right to exclude others from copying patented inventions, copyrighted original works of authorship, and trademarked brands and logos encourages innovators to invest their time and money. IP appeals to our sense of fairness by discouraging or preventing counterfeiting, passing off, and other harmful ... Read More
    Source: IP Watch DogPublished on 2019-02-03By Manny Schecter
  • Using Non-Compete Agreements in Employment Contracts to Protect Trade Secrets
    Employers in many industries use non-compete agreements as a key tool to protect trade secrets.  According to U.S. Treasury reports, non-compete agreements impact approximately 30 million – nearly one in five – U.S. workers, including roughly one in six workers without a college degree. Some employers have imposed non-compete agreements ... Read More
    Source: OrrickPublished on 2019-02-02By James McQuade
  • Other Barks & Bites: IP News to Watch, February 1, 2019
    This week in Other Barks & Bites: Huawei is in hot water with both the U.S. and UK governments, while Qualcomm has just completed a new patent licensing deal with Huawei; IBM tops a new global list for most artificial intelligence-related patent applications filed; Apple files another appeal of a ... Read More
    Source: IP Watch DogPublished on 2019-02-01By Eileen McDermott
  • Bad Artists Copy. Good Artists Steal: Trade Secrets in the Art World
    “Bad Artists Copy. Good Artists Steal” – Pablo Picasso In the small world of exclusive and upscale art sales, competing galleries inevitably form and maintain relationships with one another.  This is the case for Lévy Gorvey gallery partner Dominque Lévy, and Lehmann Maupin Group co-founder Rachel Lehmann, who have known ... Read More
    Source: OrrickPublished on 2019-01-26By Tracey Fencl
  • Trade Secret Disputes: Identifying Mutual Interest in the Face of Major Disagreement
    It’s a challenge to resolve business disputes when emotions run high, which includes almost all trade secret cases. So, I was especially pleased when, in a hard-fought litigation where I had been appointed as a “referee” to resolve discovery disputes, both lawyers eventually reached out to tell me how much ... Read More
    Source: IP Watch DogPublished on 2019-01-25By James Pooley
  • A 2018 Trade Secrets Year in Review
    With the holidays behind us and our calendars flipped over to 2019, we’re taking a look back at some key trade secrets developments of the past year.  Here are some of the big cases and legislative developments from 2018. Massachusetts Adopted the UTSA Starting with legislation, Massachusetts made headlines in ... Read More
    Source: OrrickPublished on 2019-01-11By Catherine Y. Lui
  • A 2018 Trade Secrets Year in Review
    With the holidays behind us and our calendars flipped over to 2019, we’re taking a look back at some key trade secrets developments of the past year.  Here are some of the big cases and legislative developments from 2018. Massachusetts Adopted the UTSA Starting with legislation, Massachusetts made headlines in ... Read More
    Source: OrrickPublished on 2019-01-11By Catherine Y. Lui
  • Possession is not 9/10ths of the Law in Continuing Use Misappropriation Under DTSA
    When Congress enacted the DTSA on May 11, 2016, it left open the issue of whether the DTSA would apply to misappropriation that occurred prior.  As we previously reported, many federal district courts have since found that it does apply if there were continuing acts of misappropriation after enactment of ... Read More
    Source: OrrickPublished on 2018-12-22By Johanna Jacob
  • Possession is not 9/10ths of the Law in Continuing Use Misappropriation Under DTSA
    When Congress enacted the DTSA on May 11, 2016, it left open the issue of whether the DTSA would apply to misappropriation that occurred prior.  As we previously reported, many federal district courts have since found that it does apply if there were continuing acts of misappropriation after enactment of ... Read More
    Source: OrrickPublished on 2018-12-22By Johanna Jacob
  • To Patent or Not to Patent? Preserving Trade Secret Status During Prosecution
    Amid a growing body of unsettled law regarding the patentability of software and business methods patents, companies are increasingly choosing to maintain their valuable innovations as trade secrets rather than risk a rejected patent application. There are pros and cons to both forms of intellectual property protection. However, the decision ... Read More
    Source: OrrickPublished on 2018-12-11By Amy Van Zant