Intellectual Property, Science, Computers & Technology, Criminal Law

Global Connection - May 2013: Counterfeit Electronic Components in the Supply Chain—Avoiding and Coping with U.S. Customs...

by Richard Katz | Snell & Wilmer L.L.P. on 5/6/2013

On May 21, 2012, the Senate Armed Services Committee issued a report of its inquiry into counterfeit parts in the Department of Defense Supply Chain. The Committee’s report stated that the problem of counterfeit electronic...more

Federal Jury Finds Executive Recruiter Guilty Stealing Trade Secrets From Former Employer In Order to Start Competing Business

by Gregg Fisch, Danielle Levine | Sheppard Mullin Richter & Hampton LLP on 5/3/2013

On April 24, 2013, a federal jury in the Northern District of California found former Korn/Ferry International corporate executive recruiter, David Nosal, guilty on six counts of conspiracy, stealing trade secrets, and...more

The Real Lesson of Chinese Cyberhacking

by Michael Spillner | Orrick - Trade Secrets Group on 5/1/2013

There’s been a lot of news lately about the Chinese military allegedly launching cyber attacks to steal U.S. trade secrets. This has gotten people riled up, including the President of the United States, who issued a 5-point...more

Federal Law Provides Enhanced Trade Secret Protection for Employers

by David Johnson | Butler, Snow, O'Mara, Stevens and Cannada,... on 4/12/2013

Most people know that an employee who misuses his employer’s confidential information may be subject to damages in a civil lawsuit. Many states have enacted a Uniform Trade Secrets Act that allows an employer to pursue a...more

Another Court Construes the CFAA Narrowly and More of My Thoughts on the Statute

by Kenneth Vanko | Clingen Callow & McLean, LLC on 3/28/2013

After last year's important Ninth Circuit decision from U.S. v. Nosal, I discussed my take on the ongoing debate within our federal courts over how to interpret the Computer Fraud and Abuse Act - and in particular, whether...more

District Court in California Provides Further Clarification as to the Scope of the Computer Fraud and Abuse Act

by Wilson Sonsini Goodrich & Rosati on 3/21/2013

On March 12, 2013, the U.S. District Court for the Northern District of California issued a ruling clarifying the reach of the federal Computer Fraud and Abuse Act (CFAA) when employees access computer systems. The decision...more

U.S. Responding To Cyber-Espionage: White House Acknowledges Increasing Threat

by Odia Kagan, Sharon Klein, Jeffrey Vagle | Pepper Hamilton LLP on 3/15/2013

No longer cut from the cloth of 007’s expensive suits, fast cars or well-mixed drinks, present-day espionage is carried out, to a great extent, through computer screens, proxy servers and spoofed e-mail addresses. Dubbed...more

Recent Developments In Information Technology Law - First Quarter 2013

by David Syrowik | Brooks Kushman P.C. on 3/12/2013

Table of Contents: *I. U.S. Supreme Court - A. Trademarks *II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair...more

New Zealand Court Hands U.S. a Victory in Kim Dotcom Piracy Case

by Jeff Ifrah on 3/4/2013

A year ago, we wrote about the indictment in the Eastern District of Virginia of the executives and founders of Megaupload, one of the leading file-hosting sites on the Web. The charges were copyright infringement through the...more

Obama Administration Trade Secret Report Raises Important IP, Business, and Securities Issues

by Matthew P. Allen, Kathleen Koppenhoefer, Michael Simoni | Miller Canfield on 2/28/2013

The Obama Administration’s recent “Strategy on Mitigating the Theft of U.S. Trade Secrets” makes clear the importance for businesses to be aware of and understand the international threats to their intellectual property, the...more

The Storm Has Arrived: Cybersecurity, Risks And Response

by Michael Volkov on 2/25/2013

Every day the headlines report another Fortune 500 company suffering a hacking incident. For companies, the hack itself creates substantial risks of economic devastation caused by the theft of valuable trade secrets. Add to...more

APT Threat Report Shows Cybersecurity Risks Not Limited to Identity Theft

by Craig Hoffman | BakerHostetler on 2/22/2013

We often talk to companies who believe they are an unlikely target for hackers because they do not have financial account information, Social Security numbers, or medical information. However, personal information is not the...more

The Rising Threat Of Trade Secrets Theft

by Michael Volkov on 2/20/2013

One of the drawbacks of a global economy is the rise in trade secret theft. In the absence of a seamless global enforcement infrastructure foreign actors have had little fear of being caught and suffering any consequences. ...more

February 2013: Japan Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 2/19/2013

In This Issue: - Japanese Court’s Ruling Limits Scope of Contributory Infringement in Pharmaceutical Patents - Criminalization of Illegal Music and Video Downloads....more

Domain Name Seizure – It’s Not Just a U.S. Law Enforcement Tactic

by Jeff Ifrah on 2/13/2013

We have previously reported in this space about the use of domain name seizures by American law enforcement. Recent media reports show that domain name seizure has become the go-to tactic for law enforcement for other...more

Sixth Circuit Reverses Sentence of Engineers' Convicted of Trade Secrets Theft

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/6/2013

In December of 2011, Clark Roberts and Sean Howley, two engineers at Wyko Tire Technology, were convicted by a jury for stealing trade secrets, a crime under the federal Economic Espionage Act (EEA). The trade secrets related...more

Expansion Of The Economic Espionage Act Broadens Protection For Trade Secrets

by Gillian Watson Egan, KristinTaylor Parsons | Burr & Forman on 1/30/2013

In the summer of 2009, in an office at Goldman Sachs, in the waning hours of his last day of employment, a computer programmer named Sergey Aleynikov encrypted more than 500,000 lines of source code from Goldman’s proprietary...more

Trade Secret Legislation May Increase Infringement Claims and Lead to a Private Right of Action

by Robert Parr, Armand Zottola | Venable LLP on 1/18/2013

Congress recently took new steps to protect trade secrets, which are generally defined as all forms or types of financial, business, scientific, technical, economic, or engineering information that the owner has taken...more

Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names

by Jeff Ifrah on 12/28/2012

Rep. Zoe Lofgren (D-Calif), a senior member of the House Judiciary Committee, has indicated that she is drafting legislation that would seek to increase judicial oversight over prosecutors’ efforts to act against Internet...more

China, Other Nations Need to Crack Down on Software Piracy

by Jeff Ifrah on 11/16/2012

Reuters recently quoted Tian Lipu, head of China’s State Intellectual Office, complaining about China’s reputation for rampant software piracy. According to Tian, “China is the world’s largest payer for patent rights, for...more

The DC Circuit Vacates A Restitution Order In A Criminal Copyright Case - Or, Making Money Off Pirated Adobe Software Doesn't...

by The Kaiser Law Firm PLLC on 11/16/2012

Gregory Fair was an internet entrepreneur. Of sorts. Mr. Fair's Criminal Copyright Enterprise - He sold pirated copies of outdated Adobe software on Ebay. His customers could buy this outdated software, then, with...more