Posts Tagged: NDA


Top Secret: How to Successfully Build a Trade Secrets Case

When an employee who has left a company to work for a competitor shares a coveted trade secret, his or her former employer can experience devastating effects, …
By Suzanne Barto Hill
2 months ago 0

Federal Circuit Affirms District Court’s Finding of Validity of Claims Directed to Aveed®

When relying on scientific guidelines to support an obviousness rationale, practitioners should offer evidence for why contradictory guidelines should be discounted. A claimed constituent is not “necessarily …

Petitioner Has Standing to Appeal PTAB Decision Where Litigation is Inevitable

Altaire filed two complaints against Paragon: (1) alleging a breach of the non-disclosure clause of the Agreement, and (2) seeking declaratory judgment that the ‘623 patent was invalid. Paragon, in …

What is a Confidentiality Agreement and Why are they So Important?

A Confidentiality Agreement, which is also known as non-disclosure agreement or simply as an NDA, is simply a contract between two or more parties where the subject …
By Gene Quinn
2 years ago 2

Specific Personal Jurisdiction Requires ‘Substantial’ not ‘Attenuated’ Forum Contacts

NexLearn sued Allen in district court, alleging patent infringement and breach of contract, based on a nondisclosure agreement (NDA) that allowed Allen to use a trial version …

Revisiting the Standard NDA After ZeniMax v. Oculus

ZeniMax offers useful insights for enterprises seeking to maximize the benefits of NDAs while minimizing the time and effort needed to negotiate them... Most technology enterprises are …
By Carlo Cotrone
3 years ago 0

Texas jury awards $500 million in copyright and trade secret case against Facebook’s Oculus VR

On Wednesday, February 1st, a jury in the U.S. District Court for the Northern District of Texas (N.D. Tex.) entered a case verdict which orders …
By Steve Brachmann
3 years ago 5

What is a Trade Secret?

A trade secret is defined as any valuable business information that is not generally known and is subject to reasonable efforts to preserve confidentiality. Generally speaking, a …
By Gene Quinn
4 years ago 3

A Provocative Idea That Turns Out to be Wrong

A very troublesome flaw in Talent Wants to be Free is that the author frequently conflates non-compete agreements with two other very common forms of employee restraints: …
By James Pooley
4 years ago 4

The High Cost of Making Pharmaceuticals

It is nearly universally accepted (and for a reason) that the process from discovery to market is long and costly. Drugs to not invent themselves and there …

12 Year-End Considerations for Non-Disclosure Agreements

As the year quickly comes to a close, I recently engaged in some file cleanup. During this cleanup, it struck me that the most common type of …
By Raymond Millien
6 years ago 5

Justified Paranoia: Confidentiality Before and After Patent Filings

Just because getting a confidentiality agreement is difficult doesn't mean that you shouldn't try. There are those out there that are used to signing confidentiality agreements, such …
By Gene Quinn
6 years ago 3

Supremes Say Reverse Payments May Be Antitrust Violation

On Monday, June 17, 2013, the United States Supreme Court issued its much-anticipated decision on so-called “reverse payments.” This decision will impact how brand name drug companies and generics …
By Gene Quinn
6 years ago 3

Paranoia Power: Confidentiality Before and After Patent Filings

Inventions can be patented, but if you start telling others about your invention they could make and use your invention, which has immediate negative consequences for the …
By Gene Quinn
9 years ago 6

Divisional of Divisional Reaches Safe Harbor of 35 U.S.C § 121

Some may recall my “dissertation” on the case of Amgen Inc. v. F. Hoffman-La Roche Ltd. See CAFC: A Divisional By Any Other Name Is Not a …
By Eric Guttag
10 years ago 2