Posts Tagged: James Pooley
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 …
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 …
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 …
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” …
Five Tips for Keeping Safe with Your Head in the Cloud
Management of trade secrets is fraught with competing interests. There is the tradeoff between security and inconvenience—for example, the annoying wait for a special code to …
Of Supply Chains and Fireworks: A Trade War with China is Easy to Lose
Over the course of two weeks, the United States has imposed tariffs on hundreds of billions of dollars of Chinese goods and has blacklisted Huawei, the world's …
Reactions Roll in On Congress’s Proposed 101 Framework: ‘The Right Approach’ or ‘A Swing and a Miss’?
Yesterday, members of congress announced in a press release a proposed framework to fix patent eligibility law in the United States.Reactions to the framework were mixed. …
A Lack of Focus on Trade Secrets Can Pose Serious Risks
We all talk about the importance of data as business assets, but when it comes to buying and selling the companies that own them, we seem not …
Of Secret Sales and Public Uses: The Practical Consequences of the Supreme Court’s Helsinn Decision
It seemed like a trade secret trifecta when Congress in 2011 passed the America Invents Act (AIA). Although the statute was aimed at patent reform, it made three …
Trade Secret Disputes: Identifying Mutual Interest in the Face of Major Disagreement
It’s a challenge to resolve business disputes when emotions run high, which includes almost all trade secret cases. So, I was especially pleased when, in a …
Looking Forward: Predictions and Thoughts for 2019
Given that several industry insiders were willing to make their own predictions, I’ll go out on a limb and make my own predictions… First, I predict …
Industry Insiders Make Patent Wishes for 2019
For my wishes, I’ll make three. First, as I did last year and the year before, I again continue to wish for patent eligibility reform in …
James Pooley Joins Orrick in Silicon Valley Office
Orrick announced that James Pooley, a world-renowned intellectual property lawyer and authority in the area of trade secrets law, has joined the firm as senior counsel. He …
7 Things C-suite Executives Need to Know About Patents
CEOs, CFOs, CTOs and General Counsel are typically very good at making decisions when they have the relevant information, but how often do they have the relevant …
Predicting Cuozzo in Advance of SCOTUS Oral Arguments
While I would never go into business handicapping the outcome of SCOTUS deliberations, I do have an opinion about what they should do in this case, at …
