Posts Tagged: DTSA


Some Lessons From the Waymo (Alphabet) Versus Uber Theft of Trade Secret Litigation

Although the amount of the settlement was far less than $2.7 billion in amount sought by Waymo, the settlement apparently did include a payment from Uber of 0.34% of …
By Peter J. Toren
3 months ago 0

Alphabet’s Waymo files patent and trade secret lawsuit against Uber

Waymo’s suit includes counts of infringement for each of the four patents asserted in the case. The suit also includes counts for violations of the Defend …
By Steve Brachmann
1 year ago 14

A Few Thoughts on the Supreme Court’s Section 101 Jurisprudence

I am particularly concerned about the impact this case law has on the patent application process. Instead of focusing on novelty and clarity, examiners and applicants alike …

How the New Trade Secrets Law May Affect You

Earlier this year, President Obama signed into law the new federal “Defend Trade Secrets Act of 2016.” It arms with substantial new weaponry those whose trade secrets have …
By David Sar
2 years ago 2

Available Remedies under the DTSA

The DTSA amends the Economic Espionage Act of 1996 (“EEA”) to provide for civil remedies in federal courts for the misappropriation of trade secrets. The new Section 1836(b) …
By Peter J. Toren
2 years ago 0

Handle with Care: Civil Seizure Under the Defend Trade Secrets Act

The DTSA’s provision for civil seizures provides victims of trade secret theft with a powerful remedy to prevent further dissemination of the trade secret and limit …
By Peter J. Toren
2 years ago 0

Strategies for Complying with the Notice Provisions of the Defend Trade Secrets Act of 2016

At present, there is no statutory penalty for not providing the required Notice. However, if an employer fails to provide the required Notice, the employer cannot recover …

Misappropriation of a Trade Secret Under the DTSA

The DTSA amends the definition of misappropriation from what was found in the EEA to bring the definition more in line with that of the Uniform Trade …
By Peter J. Toren
2 years ago 0

Knocking out the knockoffs: IP learnings from a successful TRO and seizure

Protecting intellectual property today is more challenging than ever, and the stakes are high. An open and rapid-fire exchange of information has become the norm in our …
By Shawn Kolitch
2 years ago 0

Definition of a ‘Trade Secret’ Under the DTSA

In general, the form of the information qualifying as a trade secret under the DTSA is extremely broad, and includes information of any form, regardless of “how …
By Peter J. Toren
2 years ago 1

The Defend Trade Secrets Act of 2016 Creates Federal Jurisdiction for Trade Secret Litigation

There is now federal jurisdiction for trade secret theft. The DTSA creates a federal cause of action for trade secret misappropriation that largely mirrors the current state …

A Legislative History of the Defend Trade Secrets Act of 2016

Legislative history is, of course, the compilation of the legislative process’ source documents—committee reports, hearing transcripts, bills and floor debate—to understand the Congressional intent behind …
By John Cannan
2 years ago 1

President Obama Signs Federal Defend Trade Secrets Act

The DTSA amends the federal Economic Espionage Act of 1996 to create, for the first time, a federal civil remedy for the misappropriation of trade secrets. This new …

Five Things to Know About the Defend Trade Secrets Act

On April 27, 2016, Congress passed the Defend Trade Secrets Act (“DTSA”), which President Obama is scheduled to sign later today. The DTSA extends the current Economic Espionage Act …
By Peter J. Toren
2 years ago 6

House overwhelmingly passes Defend Trade Secrets Act, bill now moves to White House

Earlier today the United States House of Representatives passed S. 1890, the Defend Trade Secrets Act of 2016 (DTSA), by a vote of 410-2. Only Congressman Thomas Massie (R-KY) …
By Gene Quinn
2 years ago 1