Robert Isackson

Robert Isackson

Orrick, Herrington & Sutcliffe LLP

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Final TPP Language on Trade Secret Protection Disclosed

On October 5, 2015, years of protracted negotiations of the Trans-Pacific Partnership Agreement (“TPP”) concluded. The TPP is a proposed trade agreement between 12 Pacific Rim nations that lowers trade barriers such as...more

10/22/2015 - China Compliance Cyber Espionage Intellectual Property Protection Popular Private Right of Action Tariffs Trade Secrets Trans-Pacific Partnership Uniform Trade Secrets Acts

500,000 Lines of Source Code: The New “Intangible Property”

Sergey Aleynikov’s six-year trade secret odyssey through all possible configurations of litigation, civil and criminal, federal and state, may at long last have come to an end after the New York Supreme Court recently...more

7/20/2015 - Aleynikov Convictions Criminal Prosecution CRM Economic Espionage Act Intangible Property NY Supreme Court Popular Software Source Code Trade Secrets Trademark Infringement US v Aleynikov Young Lawyers

Navigating Non-Competes When a Worldwide Presence Is the New Norm

Businesses that compete globally are once again reminded of the need to avoid overreaching when requiring employees to sign non-compete agreements. Earlier this year, the Court of Appeals for the Eighth Circuit affirmed a...more

4/10/2015 - Appeals Corporate Counsel Cross-Border Former Employee Non-Compete Agreements Trade Secrets

IN RE CUOZZO SPEED TECHNOLOGIES, LLC, Federal Circuit Upholds Patent Trial and Appeals Board Decision in First Appeal of Inter...

On February 4, 2015, the Federal Circuit issued an opinion in In re Cuozzo Speed Technologies, LLC, No. 2014-1301, upholding a final decision of the Patent Trial and Appeal Board (PTAB) to invalidate claims of a patent...more

2/6/2015 - America Invents Act Appeals Cuozzo Speed Technologies Inter Partes Review Proceedings Patent Trial and Appeal Board Patents Prior Art

Backlash Against Jimmy John’s Non-Compete Agreement Highlights Risks of Overzealous Business Protection Measures

The submarine sandwich franchise Jimmy John’s has come under fire recently following the publication of a broad non-compete agreement that it has allegedly required rank-and-file employees to sign. The non-competition...more

1/2/2015 - Corporate Counsel Employer Liability Issues Employment Contract Fast-Food Industry Jimmy John's Non-Compete Agreements Putative Class Actions Restaurant Industry Trade Secrets Wage and Hour

Flash Boy’s luck runs out: Aleynikov takes his legal fees battle back to trial court

The last time TSW readers heard from Sergey “Flash Boy” Aleynikov, the underdog high-frequency trading guru had fought the law to a rare win: the New York State Supreme Court had tossed a raft of evidence in his second...more

9/12/2014 - Criminal Prosecution High Frequency Trading White Collar Crimes

Alice v. CLS Bank: A Unanimous Supreme Court Rules On When Computer Claims are Patent-Eligible Under 35 U.S.C. § 101

On June 19, 2014, the United States Supreme Court issued its opinion in Alice Corp. Pty. Ltd. v. CLS Bank International, No. 13-298, addressing the question of when patents claiming aspects of computer software satisfy the...more

6/25/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

Good Things Come To Those Who Wait: $26 Million

Trade secret misappropriation cases often are won or lost quickly and early at the preliminary injunction stage of the case. However, today we report on the results of a slow moving, long-running trade secret case that...more

6/13/2014 - Confidentiality Agreements Former Employee Jury Awards Jury Verdicts Misappropriation Non-Solicitation Agreements Trade Secrets

Supreme Court Liberalizes Award of Attorney Fees in Patent Cases

Yesterday, describing the Federal Circuit's two-part test as "unduly rigid" and "impermissibly encumber[ing] the statutory grant of discretion to district courts," Justice Sonia Sotomayor delivered a pair of unanimous U.S....more

4/30/2014 - Attorney's Fees Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

Federal Circuit (Applying Fifth Circuit Standard) Holds That Venue Transfer Must on Balance Be Clearly More Convenient, Not Far...

An April 3, 2014, decision by the Court of Appeals for the Federal Circuit sheds a little more light on how to apply the Fifth Circuit’s test for determining whether a case should be transferred from the district in which it...more

4/4/2014 - Patent Infringement Patents Transfer of Venue Venue

How to Get Out Of Dodge: Winning Patent Venue Transfer Strategies and the Federal Circuit

Proper venue is important in U.S. district court litigation; you can’t live without it. But successfully changing venue to a different district court can be even more important because transfer can seriously disrupt...more

3/21/2014 - Litigation Strategies Patent Litigation Patents Transfer of Venue Venue

To Prosecute Or Not To Prosecute? Limiting Exposure Of Trade Secrets During Criminal Prosecutions

Trade Secrets Watch previously outlined the benefits and potential risks of referring a case of trade secrets theft to the government for criminal prosecution. One of the most important downsides to consider is that the...more

2/24/2014 - Criminal Prosecution Trade Secrets

ITC Affirms Trade Secret Violation Against Chinese Company For Stealing U.S. Rubber Resin Trade Secrets, Imposes 10-Year Import...

The U.S. International Trade Commission has upheld an Administrative Law Judge’s determination that a Chinese company misappropriated its U.S. competitor’s rubber resin trade secrets, and has banned it from importing its...more

1/24/2014 - China Imports Industrial Espionage ITC Misappropriation Theft Trade Secrets

Reverse Payment Settlements Now Subject to Antitrust Scrutiny, But Lower Courts Left to Fill in the Blanks

Earlier this week in FTC v. Actavis, No. 12-416 (U.S. Jun. 17, 2013), the Supreme Court handed down its long-anticipated ruling on “reverse payment” or “pay-for-delay” agreements, holding that these agreements—while not...more

6/19/2013 - Antitrust Litigation FTC FTC v Actavis Generic Drugs Hatch-Waxman Patent Infringement Patents Pharmaceutical Industry Reverse Payment Settlement Agreements

Myriad: The Court Has Spoken — Isolated DNA Is NOT Patent-Eligible Subject Matter

Yesterday, the U.S. Supreme Court issued its anxiously awaited decision in Association for Molecular Pathology et al. v. Myriad Genetics, Inc., No. 12-398 (U.S. June 13, 2013). The Court addressed whether an isolated...more

6/14/2013 - AMP v Myriad Biotechnology DNA Human Genes Myriad Patent-Eligible Subject Matter SCOTUS

CLS Bank: A Deeply Divided En Banc Federal Circuit Fails to Rule When Computer Claims are Invalid Under 35 U.S.C. § 101

On May 10, 2013, the en banc Federal Circuit issued its highly anticipated decision in CLS Bank Int’l v. Alice Corp. Pty. Ltd., No. 2011-1301, concerning whether computer-implemented method and system claims are patent...more

5/16/2013 - Computer-Related Inventions Infringement Patent-Eligible Subject Matter Patents

Bowman v. Monsanto: Self-Replicating Biotech and Software Left at the Alter?

Today, in a case having the potential to upset the agricultural biotech industry, Justice Elena Kagan delivered the U.S. Supreme Court’s unanimous decision rejecting farmer Vernon Hugh Bowman’s patent exhaustion defense....more

5/15/2013 - Biotechnology Bowman v Monsanto Genetically Engineered Seed Infringement Monsanto Patent Exhaustion Patents SCOTUS Seeds Software

Trade Secret “Watch List”: Bill Would Establish Monitoring List Of Countries Engaging In Cybertheft, And Make U.S. Intelligence...

Here’s another sign of the rising urgency of trade secret theft as a national security issue: the Chairman of the Senate Armed Services Committee wants the head of the nation’s intelligence bureaucracy to track countries that...more

5/10/2013 - Cybertheft ITC Trade Secrets

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