Michael Renaud

Michael Renaud

Mintz Levin

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Latest Publications


Failure to Explain Why Misappropriated Information is a Trade Secret May Lead to Dismissal of a DTSA Complaint With Prejudice

A recent decision in the Western District of Kentucky highlights the importance of explaining in a complaint under the Defend Trade Secrets Act why the allegedly misappropriated information qualifies for trade secret...more

3/8/2017 - Confidential Information Defend Trade Secrets Act (DTSA) Dismissal With Prejudice Misappropriation Trade Secrets Uniform Trade Secrets Acts

Software Is Still Patent Eligible

In recent years, software patents have come under fire from legislation (the American Invents Act) that has generally made patents easier to invalidate, and from court decisions (the Supreme Court’s decision in Alice v. CLS...more

2/16/2017 - America Invents Act Bascom Global v AT&T Mobility CLS Bank v Alice Corp Enfish v Microsoft McRo v Bandai Namco Patent Litigation Patent-Eligible Subject Matter Patents Software Software Patents

Litigating standard-essential patents: recent developments

Over the course of the past year, there have been two notable decisions issued by the Federal Circuit and the International Trade Commission that impact the scope and nature of the remedies available for the infringement of...more

2/13/2017 - ITC Patent Litigation Patents RAND Standard Essential Patents

The DTSA and Civil Seizure Under Federal Rule of Civil Procedure 65

The Defend Trade Secrets Act (DTSA) civil seizure mechanism provides victims of trade secret theft with a tool to immediately freeze dissemination of stolen proprietary information. Using civil seizure, a court may direct...more

1/31/2017 - Asset Seizure Defend Trade Secrets Act (DTSA) Federal Rules of Civil Procedure Trade Secrets

Korean Ruling Places Qualcomm’s Business Model at Risk

On December 28, 2016, the Korean Fair Trade Commission (KFTC) issued a steep fine (“KFTC Ruling”) against Qualcomm for antitrust violations in patent licensing and modem chip sales – a record penalty that the U.S. company...more

1/25/2017 - Antitrust Violations Fair Trade Commissions FRAND Korea Patents Qualcomm Standard Essential Patents

Losing IPR Petitioners May Lack Standing To Appeal

When the Patent Trial and Appeal Board issues a final written decision finding against an IPR Petitioner, can that Petitioner necessarily appeal that adverse decision? In a case of first impression, the Federal Circuit...more

1/18/2017 - Article III Inter Partes Review (IPR) Proceeding Patent Litigation Patent Trial and Appeal Board Patents Standing

With the U.K.’s Announcement, the European Unified Patent Court Moves Toward Realization

On November 28, 2016, Baroness Neville Rolfe, the United Kingdom Minister of State for Intellectual Property, announced that the U.K. would ratify the Unified Patent Court Agreement (UPCA), paving the way for the European...more

12/7/2016 - EU Member State Ratification UK Unified Patent Court Unified Patent System

Intellectual Ventures Petitions Federal Circuit for Full Court Review

Earlier this week, Intellectual Ventures (IV) petitioned the full Federal Circuit to review the panel opinion in Intellectual Ventures v. Symantec, which invalidated two of its patents under section 101. Both patents—the...more

11/21/2016 - Bascom Global v AT&T Mobility Patent Litigation Patent-Eligible Subject Matter Patents Popular Section 101 Software Patents Symantec

District Court Finds General Description of Trade Secret Sufficient to Satisfy Pleading Standard under Defend Trade Secrets Act

An important question for any plaintiff alleging trade secret misappropriation is: “How much detail should I provide about the stolen trade secrets in the complaint?” Answering this question often requires the balancing of...more

11/17/2016 - Corporate Counsel Defend Trade Secrets Act (DTSA) Federal Rules of Civil Procedure Misappropriation Trade Secrets Young Lawyers

Jawbone Fails to Prove Trade Secret Misappropriation by Fitbit at the ITC

Trade secret theft is a growing threat to American businesses. One obstacle to addressing misappropriation through a lawsuit can be a lack of direct evidence of theft. For example, if an employee leaves his company to work...more

11/17/2016 - ALJ Defend Trade Secrets Act (DTSA) Fitbit ITC Misappropriation Popular Trade Secrets

ITC Institutes “Certain Silicon-on-Insulator Wafers” Investigation – Only the Fourth 100-Day Pilot Program Ordered

On October 19, 2016, the ITC instituted Investigation No. 1025, based on a complaint filed on May 26, 2016, by Silicon Genesis Corporation (SiGen), against Soitec, S.A. (Soitec). As part of the institution, the ITC ordered...more

10/31/2016 - ALJ ITC Popular USPTO Pilot Program

The Defend Trade Secrets Act: A Powerful New Tool for Employers

Trade secrets provide significant value for American companies. Take, for example, the formula for Coca-Cola. The exact formula for the popular softdrink is a closely guarded secret, and Coca-Cola’s exclusive ability to make...more

10/28/2016 - Cause of Action Accrual Defend Trade Secrets Act (DTSA) EEOC Misappropriation Notice Requirements Remedies Theft Theft of Trade Secrets Clarification Act Trade Secrets UTSA Whistleblowers

FTC and DOJ Issue Proposed Updates to Antitrust Guidelines for Licensing IP

For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995. The intervening quarter century...more

10/14/2016 - Defend Trade Secrets Act (DTSA) DOJ FRAND FTC Intellectual Property Protection RAND Sherman Act Standard Essential Patents

“Processing System” Does Not Render Claims Indefinite

The Federal Circuit relied on Nautilus to preserve functional language of a method claim in a decision published last Friday. In Cox Comm, Inc. v. Sprint, No. 2016-1013, the Federal Circuit held that the term “processing...more

9/30/2016 - Indefiniteness Internet Patents Sprint

In McRO, Federal Circuit Provides Further Guidance on Section 101

Two years after the Central District of California invalidated two 3-D animation patents under Section 101, the Federal Circuit reversed that court’s decision, finding that the lower court oversimplified the claims of a...more

9/22/2016 - Abstract Ideas CLS Bank v Alice Corp Computer-Related Inventions Patent-Eligible Subject Matter Patents Section 101 Software Patents

Markman at the ITC and Its Effect on an Investigation

Several months ago, we were struck with the question of whether, as counsel for a patent owner at the ITC, our clients’ case would benefit from a Markman hearing. Claim construction during an ITC investigation was routinely...more

9/20/2016 - ALJ Claim Construction ITC Markman Hearing Patent Ownership Patents

Industrial Espionage and the Defend Trade Secrets Act

American corporations are facing an ever increasing threat of misappropriation of their valuable trade secrets through industrial espionage, defined as the theft of a company’s trade secrets by an actor intending to convert...more

8/25/2016 - China Confidential Information Defend Trade Secrets Act (DTSA) Former Employee Industrial Espionage Misappropriation Monsanto Popular Preliminary Injunctions Replevin Restraining Orders Trade Secrets TRO

Ninth Circuit Provides Clarification Concerning the Definition of Trade Secret

On July 5, 2016, in United States v. Nosal, the Ninth Circuit Court of Appeals clarified the definition of “trade secret,” finding that data derived from a compilation of publicly available information can constitute a...more

8/2/2016 - Appeals Computer Fraud and Abuse Act (CFAA) Criminal Prosecution Defend Trade Secrets Act (DTSA) Economic Espionage Act Misappropriation Trade Secrets US v Nosal

District Court Judge Issues TRO and Preliminary Injunction Under the Defend Trade Secrets Act

In some of the first decisions under the newly enacted Defend Trade Secrets Act, on June 10 and 22, 2016, United States District Judge Jon S. Tigar granted a temporary restraining order and preliminary injunction in Henry...more

6/29/2016 - Corporate Counsel Defend Trade Secrets Act (DTSA) Misappropriation Restraining Orders Salespersons Trade Secrets

Keep Calm and IP On: Planning for UK IP Post-Brexit

This past Thursday the Brexit vote sent shockwaves around world, including the IP community and in particular with respect to IP rights in the UK and Europe. But concerns at the moment are speculative as nothing yet has...more

6/28/2016 - Community Designs Copyright EU European Union Trade Mark (EUTM) Intellectual Property Protection Patents Referendums Trademark Registration Trademarks UK UK Brexit Unitary Patent

Supreme Court Makes It Harder for Willful Infringers to Escape Punishment

The Supreme Court has made it easier for patent owners to prove willful infringement and entitlement to enhanced damages. In a unanimous opinion issued yesterday in a pair of cases decided together, Halo Electronics, Inc. v....more

6/15/2016 - 35 U.S.C. § 284 Abuse of Discretion Enhanced Damages Halo v Pulse Judicial Discretion Patent Infringement Patents Preponderance of the Evidence SCOTUS Seagate Standard of Proof Standard of Review Stryker v Zimmer Willful Infringement

Protections of the Newly Enacted Defend Trade Secrets Act

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. This important new legislation creates a federal private civil cause of action for trade secret misappropriation in which “[a]n owner of a...more

5/12/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) Ex Parte Misappropriation Private Right of Action Whistleblower Protection Policies

Explaining the Provisions of the Defend Trade Secrets Act

The Defend Trade Secrets Act (DTSA) is now one signature away from becoming law. On April 4, 2016, the Senate unanimously passed the DTSA and, last week, on April 27, the House of Representatives followed suit, passing the...more

5/5/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) Ex Parte Misappropriation Pending Legislation Preemption Private Right of Action Remedies Trade Secrets Whistleblower Protection Policies

Smartphone Wars – The Supreme Court Awakens: Samsung Files Petition for Certiorari in New Hope to Harmonize Design Patent Law

On December 14, 2015, in the latest episode of the smartphone wars, Samsung filed a petition for certiorari with the Supreme Court. Samsung is appealing a Federal Circuit decision that upheld a $399 million judgment against...more

12/18/2015 - Apple v Samsung Damages Design Patent Disgorgement Patent Infringement Petition for Writ of Certiorari Popular Samsung SCOTUS Smartphones

Mintz Levin Convinces The Federal Circuit To Completely Reverse And Remand An Adverse IPR Final Written Decision For The First...

Mintz Levin has won extraordinary relief for its client, Straight Path IP Group, Inc., convincing the Federal Circuit to completely reverse and remand an IPR final written decision adverse to a patent owner for the first...more

12/10/2015 - Broadest Reasonable Interpretation Standard Claim Construction Inter Partes Review (IPR) Proceeding Patent Trial and Appeal Board Remand Reversal

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