Posts Tagged: James Pooley


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
2 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
3 months ago 10

The Transmissibility of Information: How Your Trade Secrets Are Like a Virus

If you run a business that depends on data to drive success — and what business doesn’t these days? — this tendency of information assets to escape is …
By James Pooley
6 months 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
8 months ago 7

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
9 months ago 5

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
10 months ago 0

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” …
By James Pooley
1 year ago 5

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 …
By James Pooley
1 year ago 0

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 …
By James Pooley
1 year ago 5

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. …
By Eileen McDermott
2 years ago 74

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 …
By James Pooley
2 years ago 1

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 …
By James Pooley
2 years ago 1

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 …
By James Pooley
2 years ago 1

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 …
By Gene Quinn
2 years ago 18

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 …
By Gene Quinn
2 years ago 23