Posts in Trade Secrets


Do Your ‘Home Work’: Keeping Trade Secrets Safe While Working Remotely

An essential element of trade secret protection is that the owner has made “reasonable” efforts to keep the information a secret. But as the Uniform Trade Secrets …
By James Pooley
2 days ago 2

The Fragile Nature of Trade Secrets: Clues from the Courts on How to Keep Them

Trade secrets have become an increasingly valuable asset to many companies, but compared to other types of intellectual property, including patents, copyrights and trademarks, they are extremely “…
By Peter J. Toren
27 days ago 1

You Own It, Now What Are You Going to Do with It? – Why Trade Secrets Are Treated Like Property: Part 2

In last month’s post, Part 1 of this series, we considered the view of European academics that trade secrets are not “intellectual property” because they don’t …
By James Pooley
1 month ago 7

The China Initiative: Combating Economic Espionage and Trade Secret Exfiltration

Open innovation is a key ingredient to the development of valuable intellectual property. Research institutions, universities, and private businesses work in close collaboration with one another, sharing …
By Luke Cass & Stephen Gardner
2 months ago 0

Review of Key 2019 Trade Secret Decisions and Trends (Part II)

Part I of this series covered (1) Food Marketing Institute v. Argus Leader Media, 139  S.Ct. 2356 (2020) in which the Supreme Court held that commercial or financial information that …
By Peter J. Toren
2 months ago 0

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 …
By Callan Stein & William Taylor
2 months ago 0

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 …
By James Pooley
2 months ago 5

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 …
By Peter J. Toren
2 months ago 3

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 …
By James Pooley
3 months ago 0

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 …
By Chip Collins
3 months ago 0

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 …
By Gene Quinn
4 months ago 9

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 …
By IPWatchdog
4 months ago 1

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 …
By India Vincent & Brooke Watson
4 months ago 2

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 …
By IPWatchdog
5 months ago 0

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. …