Posts in Trade Secrets


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
5 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
6 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
7 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
7 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
7 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
8 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
8 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
8 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
8 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
9 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 …

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. …
By Rebecca Tapscott
9 months ago 0

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 …
By James Pooley
10 months ago 10

‘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 …
By Peter J. Toren
10 months ago 0