Posts Tagged: Trade Secrets


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
21 days 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
24 days 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
1 month 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
2 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
2 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
3 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
4 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
4 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
5 months ago 0

It’s 10:00 PM: Do You Know Where Your Secrets Are?

In the wake of urban unrest in the early 1960s, local governments imposed nightly youth curfews, and a Massachusetts legislator suggested that all radio and television stations …
By James Pooley
6 months ago 1

Defending Trade Secrets with Protective Orders

Plaintiffs in trade secret cases are often faced with the difficulty of protecting their trade secrets, especially during trial, when different rules apply than during the pre-trial …
By Peter J. Toren
6 months ago 1

ITC Decision to Review Final Initial Determination in Botox Case Could Have Big Implications for Trade Secrets

Last week, the United States International Trade Commission (ITC) issued a notice in the Matter of “Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same …
By Rebecca Tapscott
7 months ago 0

Gathering Business Data? Be Careful, Mom is Watching – A Comment on Data Scraping and the Compulife Case

When people say that “data is the new oil,” they’re talking about new ways of creating wealth. No matter what business you’re in, success today …
By James Pooley
7 months ago 6

Acer v. Intellisoft Petition Rebukes CAFC for Disrespecting SCOTUS Precedent, Ignoring District Court

Greenberg Traurig and The Rader Group – which is headed by retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit, Randall Rader - …

Four Out of Eight Doesn’t Cut It: The IP Safeguards that Most Lawyers Miss When Protecting Software

Software is an extremely valuable good for those who produce it because it provides value to the software’s end users. That value, however, also makes it …
By Marty Mellican
8 months ago 3