Posts in Trade Secrets


Department of Justice’s ‘China Initiative’: Two Year Recap

One of the key trade secret trends in 2020 that was not mentioned by James Pooley in his excellent recap of the year’s trends was the continued …
By Peter J. Toren
22 days ago 0

Take Heed: Lessons from the Top Trade Secret Cases of 2020

One of the uniquely fascinating aspects of trade secret disputes is that they are laced with unbridled emotions, accusations of treachery, and actors who angrily disagree over …
By James Pooley
1 month ago 4

ITC Issues Limited Exclusion Order on Botox Products, Partially Reverses Trade Secret Finding

In September, the International Trade Commission (ITC) decided to review an initial final determination (FID) in the Matter of “Certain Botulinum Toxin Products, Processes for Manufacturing or …
By Eileen McDermott
1 month ago 2

Supreme Court Ponders Proper Application of the Computer Fraud and Abuse Act

In Van Buren v. United States, argued December 1, the Supreme Court has a chance to address how the Computer Fraud and Abuse Act applies when a defendant …
By Peter J. Toren
2 months ago 1

When it Pays to Talk About Your Secrets

The conversation begins, “Can you keep a secret?” “Yes, of course,” they say. What happens next? Naturally, you tell them what it is that you are going …
By James Pooley
2 months ago 0

It’s 10:00 PM: Do You Know Where Your Secrets Are?

In the wake of urban unrest in the early 1960s, local governments imposed nightly youth curfews, and a Massachusetts legislator suggested that all radio and television stations …
By James Pooley
3 months ago 1

Defending Trade Secrets with Protective Orders

Plaintiffs in trade secret cases are often faced with the difficulty of protecting their trade secrets, especially during trial, when different rules apply than during the pre-trial …
By Peter J. Toren
3 months ago 1

A Massive Threat to Innovation Dodged—for Now

When people think of innovation at this moment, odds are they are thinking about innovation in the biotech and pharmaceutical sector, as the industry scrambles to invent …
By Tom Giovanetti
3 months ago 2

ITC Decision to Review Final Initial Determination in Botox Case Could Have Big Implications for Trade Secrets

Last week, the United States International Trade Commission (ITC) issued a notice in the Matter of “Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same …
By Rebecca Tapscott
4 months ago 0

Gathering Business Data? Be Careful, Mom is Watching – A Comment on Data Scraping and the Compulife Case

When people say that “data is the new oil,” they’re talking about new ways of creating wealth. No matter what business you’re in, success today …
By James Pooley
4 months ago 6

Acer v. Intellisoft Petition Rebukes CAFC for Disrespecting SCOTUS Precedent, Ignoring District Court

Greenberg Traurig and The Rader Group – which is headed by retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit, Randall Rader - …

Four Out of Eight Doesn’t Cut It: The IP Safeguards that Most Lawyers Miss When Protecting Software

Software is an extremely valuable good for those who produce it because it provides value to the software’s end users. That value, however, also makes it …
By Marty Mellican
5 months ago 3

Trade Secrets Lessons from Epic Systems v. Tata Consultancy Services

On August 20, the Seventh Circuit in Epic Systems Corp. v. Tata Consultancy Services Ltd & Tata America Interntional Corp d/b/a/ TCS America No. 1950 (7th Cir. Aug. 20, 2020) …
By Peter J. Toren
5 months ago 0

Don’t Focus on the Fight: When it Comes to Trade Secrets, it’s the Transaction that Counts

Tuning in to the recent sentencing of Anthony Levandowski for criminal trade secret theft, I was reminded of the wise observation about relationships, that remembering the ending …
By James Pooley
5 months ago 0

Tips for Maximizing and Unlocking Additional Revenue Streams During an Economic Downturn

During periods of economic instability, intellectual property (IP) can be a surprisingly attractive investment vehicle. Product innovation through patent investment can facilitate additional revenue generation through immediate …