James Pooley

James Pooley

James Pooley is a former Deputy Director of the World Intellectual Property Organization (WIPO). Having returned to Silicon Valley, Mr. Pooley established a private law practice where he specializes in high-level litigation counseling and strategy.

For more than 35 years, Jim has represented clients as lead trial counsel and strategic advisor in high-stakes patent and trade secret disputes. His broad litigation experience, combined with his service as an international diplomat and business executive, make him uniquely qualified to handle today’s global IP challenges. Jim testified before the Senate Judiciary Committee on the Defend Trade Secrets Act, and has worked with congressional staff on the legislation. His most recent book is Secrets: Managing Information Assets in the Age of Cyberespionage, available here.


Posts by James Pooley


Choosing Between Patents and Trade Secrets, A Discussion Worth Revisiting

Patenting and secrecy are the two major methods of protecting technology that supports competitive advantage. Trade secrets protect a wide range of confidential information, ranging from customer …
By James Pooley
22 days ago 5

The Most Dangerous Hire: Lessons from Waymo v. Uber

Every trade secret case is built around a story. Sure, the plaintiff’s story is different than the defendant’s, even though each draws on the same …
By James Pooley
1 month ago 3

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. …
By James Pooley
5 months ago 17

Defend Trade Secrets Act Adopted by Senate

In today’s political climate, any bipartisan legislative action is, well, unusual. Unanimous votes are like unicorns. But one happened yesterday, as the Senate voted 87-0 to …
By James Pooley
2 years ago 8

The Need for Accountability at the World Intellectual Property Organization

Based on my experience I can report to you that the vast majority of the people at WIPO are competent, dedicated and deliver as required, many of …
By James Pooley
2 years ago 1

The Inadequacy of Trade Secret Law and Why Congress Should Pass the DTSA

The Defend Trade Secrets Act (“DTSA”) will improve trade secret protection, which will incentivize innovation and benefit companies–large and small–in all industry sectors. I have …
By James Pooley
2 years ago 2

It’s Time for Congress to Start Protecting Trade Secrets

While trade secrets have become more important, advances in electronics like flash drives and smartphones have made data theft almost infinitely easier and faster. And unlike the …
By James Pooley
2 years ago 3

A Provocative Idea That Turns Out to be Wrong

A very troublesome flaw in Talent Wants to be Free is that the author frequently conflates non-compete agreements with two other very common forms of employee restraints: …
By James Pooley
2 years ago 4

Trade Secrets: Managing Information Assets in the Age of Cyberespionage

The titans of the 19th Century made fortunes because they controlled access to the raw materials and infrastructure of commerce: steel, oil, lumber, railroads, canals, shipping. In …
By James Pooley
2 years ago 0