Posts in Trade Secrets


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 …
By James Pooley
1 day ago 1

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 …
By Paul Morinville
3 days ago 49

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 …
By IPWatchdog
11 days ago 0

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, …
By Hans Sauer
17 days ago 15

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 …
By IPWatchdog
18 days ago 1

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 …
By Manny Schecter
19 days ago 16

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 …

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 …
By James Pooley
28 days ago 1

The Role of Stupidity in Trade Secrets

Although every case had its own special facts reflecting unique personalities, technologies and business models, one necessary element was present in every single case. Somebody had done …
By James Pooley
3 months ago 4

Proprietary Techniques vs. Employee Rights: The struggle to balance competing interests

It’s football season, so of course we should be talking about beer. Specifically, beer secrets. For fourteen years James Clark had an enviable job at Anheuser-Busch, …
By James Pooley
3 months ago 1

Secrets of Social Media: Who owns social media accounts?

Andy Bitter, a former sports journalist covering the travails and triumphs of the Virginia Tech football team, was sued last month by his former employer, a local …
By James Pooley
3 months ago 3

Trade Secrets: Intellectual Property Considerations and Guidance for Start-Ups

Trade secret holders must take reasonable precautions to maintain the secrecy of their secrets, such as keeping such information on a “need-to-know” basis. Companies should have clear …

How Intellectual Property Informs the Investment in a Private Equity Transaction

Technology and intellectual property (IP) have become vital components to virtually every business in all industries as they often drive the value and efficiencies of a business …
By Shelley Thomas
7 months ago 0

The Blades Just Keep Spinning

Sinovel encouraged him to leave AMSC, promising to pay him a million dollars over five years (along with an apartment, and, reportedly, a prostitute). His advance was …
By James Pooley
7 months ago 2

Reports Shows Significant Increase in Trade Secret Litigation Since Passage of DTSA

The Lex Machina report supports the notion that trade secret litigation has ramped up in U.S. district courts in the time since the passage of the …
By Steve Brachmann
7 months ago 2