Posts Tagged: Defend Trade Secrets Act


Some Progress in the International Effort to Harmonize Trade Secret Protection

In 1994, the United States was winding up the Uruguay Round of trade negotiations leading to the establishment of the World Trade Organization (WTO). Tucked in among the …
By James Pooley
29 days ago 5

Why it May Be Time to Provide Criminal Remedies for Patent Infringement

Under normal circumstances, infringement and misappropriation of the intellectual property (IP) rights of others are subject to civil liability under U.S. federal (and some states’) law; …
By Brooke Blackman
3 months ago 27

Trade Secrets: Intellectual Property Considerations and Guidance for Start-Ups

Trade secret holders must take reasonable precautions to maintain the secrecy of their secrets, such as keeping such information on a “need-to-know” basis. Companies should have clear …

Reports Shows Significant Increase in Trade Secret Litigation Since Passage of DTSA

The Lex Machina report supports the notion that trade secret litigation has ramped up in U.S. district courts in the time since the passage of the …
By Steve Brachmann
10 months ago 2

Some Lessons From the Waymo (Alphabet) Versus Uber Theft of Trade Secret Litigation

Although the amount of the settlement was far less than $2.7 billion in amount sought by Waymo, the settlement apparently did include a payment from Uber of 0.34% of …
By Peter J. Toren
1 year ago 0

NuCurrent Alleges Patent Infringement After Samsung Feigns Interest in Business Relationship

Chicago, IL-based wireless power solutions provider NuCurrent filed a complaint alleging trade secret misappropriation and patent infringement against Korean tech giant Samsung Electronics (KRX:005930). The case, filed …
By Steve Brachmann
1 year ago 0

The Art of Reverse Engineering

Recently a client asked me for advice on setting up a “reverse engineering” project. He no longer had access to any trade secrets of his former employer; …
By James Pooley
1 year ago 23

CAFC says Equitable Estoppel Cannot Compel Arbitration in Waymo v. Uber

Uber Technologies, Inc. and Ottomotto LLC (“Uber”), appealed the district court’s order, denying Uber’s motion to compel arbitration of pending litigation with Waymo, LLC (“Waymo”). …

Making a Federal Case out of Trade Secrets

“The most important change was that DTSA allowed someone claiming their trade secret was being used improperly to go into a federal court,” explained Jacoby. “In most …
By Amanda G. Ciccatelli
2 years ago 4

Do You Know How to Protect What’s Yours?

In the wake of recent judicial and legislative developments, protecting “what’s yours” has become even more complex. Many businesses and intellectual property lawyers have appropriately favored …
By Amanda G. Ciccatelli
2 years ago 1

The Extraterritorial Reach of U.S. Trade Secret Law

The current extraterritorial reach of U.S. trade secret law may seem ironic given trade secret law’s “local” roots. In the United States, common law trade …

Alphabet’s Waymo files patent and trade secret lawsuit against Uber

Waymo’s suit includes counts of infringement for each of the four patents asserted in the case. The suit also includes counts for violations of the Defend …
By Steve Brachmann
2 years ago 14

A Few Thoughts on the Supreme Court’s Section 101 Jurisprudence

I am particularly concerned about the impact this case law has on the patent application process. Instead of focusing on novelty and clarity, examiners and applicants alike …
By Senator Chris Coons
2 years ago 116

Year End Review: Insiders Reflect on the Biggest Copyright and Trade Secret Moments of 2016

It is one again time to take a moment to look back on the year that was, reflecting on the biggest, most impactful moments of 2016. For us …
By Gene Quinn
2 years ago 2

How the New Trade Secrets Law May Affect You

Earlier this year, President Obama signed into law the new federal “Defend Trade Secrets Act of 2016.” It arms with substantial new weaponry those whose trade secrets have …
By David Sar
3 years ago 2