Gabriel Ramsey

Gabriel Ramsey

Orrick, Herrington & Sutcliffe LLP

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Prior Art Take 2: Finjan and Sophos Gear up for a Second Battle on Whether Prior Art Was Publicly Available

Order Denying Finjan, Inc.’s Motion for Summary Judgment, Finjan, Inc. v. Sophos, Inc., Case No. 14-cv-1197 (Judge William Orrick) In a battle that likely felt like déjà vu for the parties, Finjan for the second time...more

9/9/2016 - Collateral Estoppel Computer-Related Inventions Malware Patent Infringement Patent Litigation Patent-in-Suit Patents Prior Art Software Summary Judgment

Section 101 Blocks Caller ID Patent

Order Granting Judgment on the Pleadings, Whitepages, Inc. v. Isaacs, et al., Case No. 16-cv-00175-RS (Judge Richard Seeborg) - Litigants continue to use Alice and its progeny to cull the ranks of patents asserted in...more

8/5/2016 - Abstract Ideas Cell Phones CLS Bank v Alice Corp Mobile Devices Patent Litigation Patent-Eligible Subject Matter Patents Popular Section 101 Telecommunications

These are Not the Trade Secrets You’re Looking For: Star Wars Model Maker Sues Ex-Employees for Misappropriation

In a tale of alleged betrayal and misappropriation of trade secrets in a courtroom (not) far, far away, a pioneering company in the area of special effects has sued its former employees and a vendor, claiming that they...more

7/20/2016 - Intellectual Property Protection Misappropriation Motion Picture Industry Movies Non-Disclosure Agreement Trade Secrets

Walking The § 2019.210 Tightrope

As a recent ruling from Magistrate Judge Paul S. Grewal in the Northern District of California demonstrates, plaintiffs must walk a tightrope when deciding what to disclose in their Cal. Civ. Proc. Code § 2019.210 statements....more

4/12/2016 - Computer-Related Inventions Misappropriation Patent Infringement Patent Litigation Patents Trade Secrets Uniform Trade Secrets Acts

Buried at Trial: Supplier of Earthmoving Equipment Gets Hit with $74M Verdict in Trade Secrets Theft Case

In the wake of an 8-week trial, Caterpillar Inc. has received a $74M verdict against it in the Northern District of Illinois after a jury found it guilty of exploiting a supply contract with Miller UK Ltd. to steal the...more

1/22/2016 - Confidentiality Agreements Construction Industry Proprietary Information Supply Contracts Trade Secrets

U.S. Considers Sanctions Against China For Cyber Hacking And Trade Secret Misappropriation

You may have missed it this past weekend, but reports indicate the United States is considering sanctioning Chinese companies and individuals who have benefited from their government’s alleged cyber hacking of U.S. trade...more

9/8/2015 - China Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Security DHS Espionage Hackers Misappropriation Obama Administration Popular Sanctions Trade Secrets

Fighting Back: Identifying Risks Posed by an Angry Current or Former Employee

Something lost is always in the last place you look (by definition). It can also sometimes be in the first. Although technology has made it possible for outsiders to manipulate and infiltrate your company’s systems...more

6/2/2015 - Best Management Practices Confidential Information Criminal Prosecution Employer Liability Issues Former Employee Risk Assessment Risk Mitigation Trade Secrets

Remote Controlled: Keeping Trade Secrets Safe While Employees Work Remotely

One of the biggest challenges the cyber-security field faces today—aside from outright hacking—is the fact that employees’ data is increasingly portable. Data portability can be a major boon for employers. For instance, it...more

2/27/2015 - Business Assets Telecommuting Trade Secrets

Stop and Smell the Trade Secrets, Part II: Two Major Companies Voluntarily Disclose Fragrance Ingredient Information

Do you know which chemical ingredients create that complex smell in your favorite deodorant, cologne, or perfume? For years, the answer has been a resounding no. Historically, the consumer products industry has relied on...more

11/3/2014 - Chemicals Clorox Disclosure Disclosure Requirements Trade Secrets

Hedge Fund Hack Results in Trade Secret Loss, and Raises SEC Reporting Issues

Data breaches may be nothing new, but they are certainly evolving into bigger and more notorious infractions. While the data breaches of yesterday may have involved accidental disclosure or disgruntled former employees, the...more

7/9/2014 - Corporate Counsel Criminal Conspiracy Data Breach Hackers Hedge Funds Popular Reporting Requirements SEC

Ninth Circuit Agrees with FTC that Online Marketing Program Was an Unlawful "Pyramid Scheme"

The legal status of many membership programs promoted via social media and spam has been called into question by a recent decision of the U.S. Court of Appeals for the Ninth Circuit, which affirmed a judgment that one such...more

6/13/2014 - Fraud FTC Marketing Popular Pyramid Schemes

Ex-SanDisk Employee Arrested In Japan, Civil Suits Filed In The Wake Of Alleged Flash Memory Trade Secrets Misappropriation

Technology firms SanDisk and Toshiba recently filed trade secrets lawsuits on opposite sides of the Pacific, each alleging misappropriation by a third party stemming from the two companies’ joint venture....more

3/31/2014 - Criminal Prosecution Misappropriation SanDisk Theft Trade Secrets

Let The Chips Fall Where They May: Nevada Court Dismisses CFAA Charges Against Casino Players Who Cashed In On Video Poker...

Hollywood has given us many stories of casino capers, from mobsters skimming profits in Scorsese’s Casino to the card-counting savant in Rain Man. But a real-life caper recently played itself out in Nevada federal court,...more

12/9/2013 - Casinos Computer Fraud and Abuse Act (CFAA) Gambling

LEGISLATIVE UPDATE: Senator Proposes New Bill To Create Civil Cause Of Action For Foreign Theft Of Trade Secrets

Just before the Thanksgiving holiday last week, Senator Jeff Flake (R-Ariz.) introduced the Future of American Innovation and Research Act, a new trade secrets bill that would allow American trade secrets owners to sue...more

12/6/2013 - Foreign Corporations Misappropriation Theft Trade Secrets UTSA

Defensive Patent License to Launch in February 2014

The Defensive Patent License (DPL) is coming in February 2014. The DPL is a patent license proposed by the directors of the Samuelson Law, Technology & Public Policy Clinic at the University of California, Berkeley as a...more

11/1/2013 - License Agreements Patent Trolls Patents

LEGISLATIVE UPDATE: Rep. Zoe Lofgren Proposes New Legislation, Including A Civil Cause Of Action For Trade Secret Misappropriation

We previously reported on the downpour of recent trade secret activity in Congress. Last week, Congresswoman Zoe Lofgren (D-Cal.) added to the deluge by introducing two bills bearing on trade secret misappropriation...more

7/1/2013 - Computer Fraud and Abuse Act (CFAA) Cybersecurity Economic Espionage Act New Legislation Patents Trade Secrets

Court Dismisses Foreign Banks from U.S. Lawsuit Alleging Complicity in Counterfeit and Illegal Online Drug Sales

The fight against sophisticated online schemes to sell counterfeit or otherwise illegal goods is being waged by increasingly focused efforts to identify responsible parties that may be sued in U.S. courts, and whose assets...more

6/15/2013 - CAN-SPAM Act Class Action Computer Crimes Act Conspiracies Counterfeiting Dismissals False Marking Foreign Banks Illegal Drugs Personal Jurisdiction Prescription Drugs RICO Websites

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