Posts in Trade Secrets
Seven Steps to Address Trade Secret Misappropriation by Whistleblowers
The primary purpose of the Defend Trade Secrets Act (DTSA) is to provide federal remedies to individuals and companies that have had their trade secrets misappropriated. That …
It’s About Control, Not Exclusion: Why Trade Secrets Are Treated Like Property, Part 1
Sometimes it seems that trade secrets are always fighting for respect. I recently ran into a friend who teaches at a European university. He somehow found a …
Trade Secrets Review: Key 2019 Decisions and Trends (Part I)
In general, a trade secret is any information used in business if the owner has taken reasonable measures to keep such information secret, and the information derives …
Trusting Your Secrets to the Government
According to Merriam-Webster, the “Word of the Year for 2019 is “they” when used in the singular, typically to avoid ascribing a gender to the person being referred …
Eight Tips to Protect Your Trade Secrets with Effective Restrictive Covenant Agreements
Trade secret theft is often an inside job. Employees who know they’re about to leave for a competitor or start their own competing business will sometimes …
Netlist Wins ITC Exclusion Order: Will the USPTO Support It?
Several weeks ago, the International Trade Commission (ITC) announced that Chief Administrative Law Judge (ALJ) Charles Bullock issued a Notice of Initial Final Determination recommending that certain …
Other Barks & Bites, Friday, November 15: SCOTUS to Hear Booking.com Trademark Case, AG Barr Backs FCC Plan Against Huawei and ZTE, Copyright Office Eliminates Physical Material Submission Options
This week in Other Barks & Bites: the Federal Circuit strikes down a district court’s finding of design patent infringement on summary judgment; the USPTO advises trademark …
Adding a Cybersecurity Plan to the Business Plan: Cybersecurity and IP Considerations for Startups
Imagine the following scenario: You have an idea for a new mobile application. As adoption of the app picks up, so does your business, and you hire …
Other Barks & Bites, Friday, November 8: SCOTUS Hears Allen v. Cooper Copyright Case, U.S. Government Sues Gilead, Amici Submit Briefs to CAFC in Chrimar
This week in Other Barks & Bites: the Trump Administration sues Gilead for infringement over HIVE PrEP treatment patents; Senators Inhofe and Wicker ask President Trump to show …
Understanding Insurance Coverage for Intellectual Property Claims
Recent multi million-dollar jury verdicts on trade secret misappropriation claims reflect that there can be significant risk to companies when employees leave or joint development relationships dissolve. …
PTAB Issues First Motion to Amend Guidance, Samsung Petitions for IPR Granted Despite NuCurrent Issue Preclusion Defense
The Patent Trial and Appeal Board (PTAB) recently issued its first-ever preliminary guidance on motions to amend claims filed by patent owner Sanofi and, although the substituted …
Other Barks & Bites, Friday, October 18: USPTO Updates Subject Matter Eligibility Guidelines, China Receives Half of 2018 Global Patent Filings, US Inventor to Host Rally
This week in Other Barks & Bites: US Inventor will host an inventor rally during AIPLA’s Annual Meeting to protest the PTAB; the Federal Circuit vacates dismissal …
Top Secret: How to Successfully Build a Trade Secrets Case
When an employee who has left a company to work for a competitor shares a coveted trade secret, his or her former employer can experience devastating effects, …
Other Barks & Bites, Friday, September 27: CAFC Partially Vacates PTAB Decision, Colarulli Appointed to Head LESI, and Copyright Office Seeks Comments on Music Modernization Act
This week in Other Barks & Bites: the Federal Circuit issued a precedential decision reversing the PTAB regarding proper primary reference and CBM review findings; USPTO Director Iancu …
The Dark Side of Secrecy: What Theranos Can Teach Us About Trade Secrets, Regulation and Innovation
The spectacular failure of blood-testing firm Theranos is the subject of a riveting book, Bad Blood by investigative reporter John Carreyrou, and an engaging documentary, “The Inventor” …
