Posts in Trade Secrets


SCOTUS Says Former Police Sergeant Did Not Violate CFAA, Snubbing Government’s Reading

The United States Supreme Court today ruled that a former police sergeant did not flout Section (a)(2) of the Computer Fraud and Abuse Act (CFAA) because that …
By Eileen McDermott
17 days ago 7

The Big Secret Behind the Proposed TRIPS Waiver

All the fuss surrounding the proposal by India and South Africa to suspend the TRIPS Agreement to help them produce vaccines to fight COVID-19 has obscured some …
By James Pooley
26 days ago 17

Republican Senators Demand Answers from Biden on ‘Disastrous Decision’ to Support COVID IP Waiver

A group of 16 Republican senators sent a letter on Wednesday to U.S. Department of Commerce Secretary Gina Raimondo and U.S. Trade Representative (USTR) Katherine Tai …
By Eileen McDermott
1 month ago 21

CAFC Clears L’Oréal of Trade Secret Misappropriation, Orders New Trial on Patent Infringement

On May 6, the U.S. Court of Appeals for the Federal Circuit (CAFC), reversed in part, affirmed in part, vacated in part, dismissed in part, and remanded …
By Nancy Braman
1 month ago 0

Who Needs to Know? The Hidden Value of Transparency

“Need to know” is a bedrock tenet of information security. You only get to see it if you need to see it. The reasoning is that the …
By James Pooley
2 months ago 2

Intellectual Property for Startups: Building a Toolkit to Protect Your Products and Design

Although it may seem like the name “startup” says it all, the reality for many inventors, engineers and companies is that it’s difficult to know where …

How Mediation Can Help Both Sides Win a Trade Secret Case

In over 40 years of handling trade secret disputes, I have seen plenty of “successful” results, but never a time when my client said, “Gee that was fun; …
By James Pooley
3 months ago 0

Reverse Engineering and the Law: Understand the Restrictions to Minimize Risks

Fundamental to building and executing any successful patent licensing program is the ability to find and prove evidence of infringement, often through reverse engineering methods. A product …
By Rahul Vijh
3 months ago 1

Ex Parte Seizures Five Years After the Enactment of the Defend Trade Secrets Act

Almost five years has passed since the enactment of the Defend Trade Secrets Act (DTSA) on May 11, 2016, which provides for civil relief for the theft of trade …
By Peter J. Toren
3 months ago 0

Parties’ Names Should Generally be Disclosed to the Public, Says CAFC

On March 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Middle District of Florida’s decision directing the clerk to unseal the …
By Butch Laker
3 months ago 0

How to Safeguard AI Technology: Patents versus Trade Secrets

A common refrain is that an invention is only as valuable as the patent that protects it. But what happens when you cannot secure the patent? This …
By Stan Gibson & Samuel Buchman
4 months ago 1

Trade Secrets and the Insider Threat: Protection Beyond the Perimeter

The managers of most companies tend to see information security as a Lord of the Rings problem, with the focus on protecting the perimeter. This reflects the …
By James Pooley
4 months ago 1

Joint EPO-EUIPO Report Finds SMEs Stand to Benefit Most from IP Ownership

The latest in a series of reports by the European Patent Office (EPO) and European Union Intellectual Property Office (EUIPO) studying IP-intensive industries and their contribution to …
By Eileen McDermott
4 months ago 1

Ninth Circuit Gives Guidance on Specification of Trade Secrets Under the Defend Trade Secrets Act

Two of the most important issues in trade secret cases involve the timing of when the plaintiff is required to identify its alleged trade secrets and the …
By Peter J. Toren
5 months ago 0

Pardon Me? Levandowski Case Highlights Need for Proactive Approach to Avoid Trade Secret Problems in Hiring

My head was turned by the recent news of President Trump’s final-day pardon of Anthony Levandowski, the former head of Google’s self-driving car unit who …
By James Pooley
5 months ago 2