Posts in Trade Secrets


What is a Confidentiality Agreement and Why are they So Important?

A Confidentiality Agreement, which is also known as non-disclosure agreement or simply as an NDA, is simply a contract between two or more parties where the subject …
By Gene Quinn
1 month ago 1

When Failure Becomes an Asset

Failure is success if we learn. So why shouldn't failure qualify as a trade secret? Competitors would love to avoid making the effort and taking the risk... …
By James Pooley
1 month ago 1

The Art of Reverse Engineering

Recently a client asked me for advice on setting up a “reverse engineering” project. He no longer had access to any trade secrets of his former employer; …
By James Pooley
2 months ago 23

Corporate Counsel Should Carefully Consider the Company’s Trade Secret Position and Form a Game Plan to Protect the Company

Among the most disastrous mistakes with trade secrets is believing you own them when you do not.  A number of highly-contentious trade secrets disputes have arisen when …

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
3 months 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
3 months ago 3

Strategies for Turning Intangible Assets into Profits: What Every Corporation Needs to Know

Does your CEO, CFO, CTO and General Counsel have the most relevant information regarding the innovation in process to make informed choices about what to pursue? Do …
By Gene Quinn
3 months ago 0

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”). …

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. …

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 …
By Amanda G. Ciccatelli
5 months ago 4

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 …
By Shai Jalfin
5 months ago 2

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 …
By Amanda G. Ciccatelli
5 months ago 1

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’ …
By Steven Blackburn
6 months ago 3

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 …
By James Goodman & Amy Messigian
6 months 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
7 months ago 17