The murky world of artificial intelligence-enabled inventions requires illumination. Did the USPTO’s recent guidance provide this much-needed illumination, or merely leave a trail of breadcrumbs? Some say the guidance is...more
Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member...more
6/27/2016
/ Confidential Information ,
Cybersecurity ,
Employee Rights ,
EU ,
EU Trade Secrets Directive ,
Free Movement ,
Infringement ,
Member State ,
Misappropriation ,
Remedies ,
Trade Secrets ,
UK ,
UK Brexit ,
Whistleblowers
On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The result of rare bipartisan support, the DTSA was passed unanimously by the Senate and by a 410-2 vote by the House last month. It...more
5/13/2016
/ Asset Seizure ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Employer Liability Issues ,
Inevitable Disclosure Doctrine ,
Injunctions ,
Misappropriation ,
Notice Requirements ,
Private Right of Action ,
Remedies ,
Trade Secrets
On October 6, 2015, the European Court of Justice (ECJ), abolished the 15 year old Safe Harbor agreement between the EU and the U.S. Over 5,000 businesses have relied on the Safe Harbor to receive personal data from EU member...more
On August 19, 2015, the United States Patent and Trademark Office (USPTO) released proposed rule changes for trials before the Patent Trial and Appeal Board (PTAB). The proposed rule changes were made in response to input...more
8/25/2015
/ Administrative Proceedings ,
Claim Construction ,
Discovery ,
Duty of Candor ,
Evidence ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pleadings ,
Post-Grant Review ,
Rules of Civil Procedure ,
Standard of Review ,
Testimony ,
Trials ,
USPTO
On August 10, 2015, the Federal Circuit, acting en banc, ruled that the International Trade Commission (ITC) has the authority to prevent importation of products based on claims for induced infringement where the predicate...more
8/18/2015
/ Corporate Counsel ,
Direct Infringement ,
Foreign-Made Goods ,
Imports ,
Induced Infringement ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Infringement ,
Patents ,
Popular ,
Section 337 ,
Software ,
Suprema ,
Tariff Act of 1930
On January 1, 2013 — immediately after passing the fiscal crisis bill — the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would...more
With most lawmakers focused on the so called "fiscal cliff" during the current lame duck session of Congress, Representative Lamar Smith (R-TX) has quietly once again proposed legislation to reform the United States patent...more