Posts in Trade Secrets
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 …
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 …
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 …
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 …
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) …
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 …
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 …
Eighth Circuit Affirms Holding That Disclosure of Source Code Was Authorized Under the Parties’ Agreement
On August 14, the United States Court of Appeals for the Eighth Circuit affirmed in part and vacated in part a district court decision in MPAY Inc. v. …
Patents are from Mars, Trade Secrets are From Venus
Back in ancient times, in this case 1990, John Gray, an obscure “relationship counselor” with a correspondence degree in psychology, was perplexed. The communication problems of the heterosexual …
‘Improper Means’: The Eleventh Circuit’s Very Dubious Trade Secrets Decision in Compulife Software v. Newman (Part II)
Part 1of this article addressed the Eleventh Circuit’s decision in Compulife Software, Inc. v. Newman, __ F.3d __, 2020 WL 2549505, (11th Cir. May 20, 2020) and the court’s dubious …
Artificial Intelligence Can’t Patent Inventions: So What?
The USPTO’s recent landmark decision (16/524,350) concluding artificial intelligence (AI) cannot be a named patent inventor perhaps sparked fears of super-robots inventing critical technologies that, alas, receive …
A Dubious Decision: Eleventh Circuit Finds Scraping of Data from a Public Website Can Constitute Theft of Trade Secrets (Part I)
Much has already been written in a relatively short period of time since the Eleventh Circuit decided Compulife Software, Inc. v. Newman, __ F.3d __, 2020 WL 2549505, (11th Cir. …
Has China Finally Embraced Robust Trade Secret Protection?
It happened to Japan in the 1950s. Then it happened to Taiwan, and then Korea. Rapidly-developing countries started out relying on copying foreign technologies to drive their …
WIPO Revises and Expands AI Policy Issues
The World Intellectual Property Organization (WIPO) has published a Revised Issue Paper on Artificial Intelligence and IP Policy. The Revised Issues Paper updates the Draft Issues Paper …
