Posts Tagged: Trade Secrets


Carefully Connecting the Dots: Consider All the Evidence Before Launching a Trade Secret Misappropriation Attack

The job of the trial lawyer starts with figuring out what happened and collecting evidence to use in telling a compelling story to a judge or jury. …
By James Pooley
9 hours ago 0

ITC and Trade Secret Cases Against Apple Over Pulse Oximetry Tech Highlight Need for Better Ways to Rein in Big Tech

In late June, medical technology firm Masimo Corporation and its consumer device subsidiary Cercacor Laboratories filed a complaint with the U.S. International Trade Commission (ITC) asking …
By Steve Brachmann
7 days ago 5

How Organizations Must Protect Themselves from Ransomware Attacks

When one thinks of cybercrime, it can be easy to imagine a mysterious figure in a dimly lit room sending out various phishing emails to unsuspecting victims. …
By Aman Johal
22 days ago 1

‘Decoupling’ with China is Not the Answer

We’ve all seen him when driving by the strip mall. Trying to focus on the traffic, our eyes are diverted by “Tube Man,” a 10-foot tall …
By James Pooley
1 month ago 48

The Big Secret Behind the Proposed TRIPS Waiver

All the fuss surrounding the proposal by India and South Africa to suspend the TRIPS Agreement to help them produce vaccines to fight COVID-19 has obscured some …
By James Pooley
2 months ago 17

Who Needs to Know? The Hidden Value of Transparency

“Need to know” is a bedrock tenet of information security. You only get to see it if you need to see it. The reasoning is that the …
By James Pooley
3 months ago 2

How Mediation Can Help Both Sides Win a Trade Secret Case

In over 40 years of handling trade secret disputes, I have seen plenty of “successful” results, but never a time when my client said, “Gee that was fun; …
By James Pooley
4 months ago 0

Reverse Engineering and the Law: Understand the Restrictions to Minimize Risks

Fundamental to building and executing any successful patent licensing program is the ability to find and prove evidence of infringement, often through reverse engineering methods. A product …
By Rahul Vijh
4 months ago 1

Parties’ Names Should Generally be Disclosed to the Public, Says CAFC

On March 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Middle District of Florida’s decision directing the clerk to unseal the …
By Butch Laker
4 months ago 0

How to Safeguard AI Technology: Patents versus Trade Secrets

A common refrain is that an invention is only as valuable as the patent that protects it. But what happens when you cannot secure the patent? This …
By Stan Gibson & Samuel Buchman
5 months ago 1

Trade Secrets and the Insider Threat: Protection Beyond the Perimeter

The managers of most companies tend to see information security as a Lord of the Rings problem, with the focus on protecting the perimeter. This reflects the …
By James Pooley
5 months ago 1

Pardon Me? Levandowski Case Highlights Need for Proactive Approach to Avoid Trade Secret Problems in Hiring

My head was turned by the recent news of President Trump’s final-day pardon of Anthony Levandowski, the former head of Google’s self-driving car unit who …
By James Pooley
6 months ago 2

Take Heed: Lessons from the Top Trade Secret Cases of 2020

One of the uniquely fascinating aspects of trade secret disputes is that they are laced with unbridled emotions, accusations of treachery, and actors who angrily disagree over …
By James Pooley
7 months ago 4

ITC Issues Limited Exclusion Order on Botox Products, Partially Reverses Trade Secret Finding

In September, the International Trade Commission (ITC) decided to review an initial final determination (FID) in the Matter of “Certain Botulinum Toxin Products, Processes for Manufacturing or …
By Eileen McDermott
7 months ago 2

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
8 months ago 0