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Intellectual Property Protection Asset Seizure

Fish & Richardson

Ex Parte Seizures Under the DTSA: A Drastic Trade Secret Remedy

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Here, we look at the Defend Trade Secrets Act (DTSA)’s provision of injunctive relief. Specifically, the DTSA allows trade secret plaintiffs to request a unique remedy — an ex parte seizure of the defendant’s property....more

Arnall Golden Gregory LLP

Boot That Fake Merch: Add Ex Parte Seizure Orders to Your Repertoire

Rod Wave, like many other artists, recently obtained an ex parte seizure order from a federal court permitting the seizure and impoundment of fake merchandise infringing on his intellectual property rights in and around his...more

Gibney Anthony & Flaherty, LLP

Protecting Your Brand: Five Cost-Effective Customs & Border Protection Tools to Stop Counterfeit Goods at the Border

With the ever-evolving world of brand protection, it may be easy to overlook some of the strongest tools available for protecting a brand. We are often drawn to the latest software or technology to stop counterfeits from...more

Haug Partners LLP

The Defend Trade Secrets Act: An Overview and Key Developments

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Four years have passed since Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, and federal courts have developed a new body of law based on this relatively young statute. The DTSA provides a private civil cause...more

Morgan Lewis

ITC Rescinds Seizure & Forfeiture Order after CIT Determines Redesign Does Not Infringe

Morgan Lewis on

A recent decision by the International Trade Commission (ITC) to temporarily rescind a seizure and forfeiture order after the Court of International Trade (CIT) granted summary judgment of non-infringement for certain...more

ArentFox Schiff

New Bill Would Authorize US Customs to Enforce Design Patents

ArentFox Schiff on

Currently, CBP is empowered to seize counterfeit merchandise or packaging that violates those copyrights, trademarks, and trade names that have been previously recorded with CBP. The Bill would allow CBP to make similar...more

Hogan Lovells

Bi-partisan legislation would permit U.S. Customs to seize counterfeits infringing design patents

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The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents....more

Jones Day

Mid-Year Review of Key Trade Secret Decisions

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A trade secret is any information used in one's business that derives independent economic value from not being generally known. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret....more

International Lawyers Network

“...For me? As what? Tough guy? I don’t need tough guys. I need more lawyers...”: Intellectual Property Law In Criminal Matters

There is a popular vintage Harley Davidson t-shirt that says “Tough Guys Finish First.” That may be true. But, sometimes, to finish first, one does not need more tough guys; one needs more lawyers, as a crime-related matter...more

White & Case LLP

Publication of the Decree on the Protection of Trade Secrets in France

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Following the promulgation of Law n°2018-670 on the Protection of Trade Secrets on 30 July 2008 transposing the provisions of Directive (EU) 2016/493 of the European Parliament and of the Council of 8 June 2016 on the...more

Mintz - Intellectual Property Viewpoints

Massachusetts Adopts Uniform Trade Secrets Act

On October 1, 2018, Massachusetts will become the 49th state to adopt a version of the Uniform Trade Secrets Act. The version of the UTSA that Massachusetts will adopt bears notable similarities to the Defend Trade Secrets...more

Holland & Knight LLP

Examining Ex Parte Pre-Trial Seizures Under DTSA

Holland & Knight LLP on

The Defend Trade Secrets Act (DTSA) provides for remedies in the form of damages, an injunction, and fees. 18 U.S.C. § 1836(b)(3). In addition to these remedies, DTSA provides for an ex parte pre-trial seizure of property....more

Fish & Richardson

Federal Trade Secret Cases Increase 30% Since DTSA

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A year after the 2016 passage of the Defend Trade Secrets Act (DTSA), the number of trade-secret case filings in federal district courts has spiked upward, according to a recent research report....more

Fisher Phillips

The DTSA’s Ex Parte Seizure Remedy – Two Years Later

Fisher Phillips on

Enacted in May 2016, the federal Defend Trade Secrets Act (DTSA) created a new remedy that was not available under any state's Uniform Trade Secrets Act (UTSA) – the ex parte civil seizure. This remedy permitted plaintiffs to...more

Parker Poe Adams & Bernstein LLP

Trade Secrets: What In-House Counsel Need to Know

As former U.S. Attorney General Eric Holder observed, there are only two types of companies affected by trade-secret theft: those that know they’ve been compromised and those that don’t know yet. ...more

K&L Gates LLP

Emerging Trends in Defend Trade Secrets Act Litigation

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Congress created the first statutory private federal cause of action for trade secret misappropriation when it enacted the Defend Trade Secrets Act (“DTSA”) on May 11, 2016. Although the DTSA has some material differences...more

McDonnell Boehnen Hulbert & Berghoff LLP

The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations?

On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation – celebrated its first birthday. The law was the result of years of negotiation between...more

Orrick - Trade Secrets Group

Courts Still Heavily Favor Rule 65 TROs Over DTSA Ex Parte Seizures

The Defend Trade Secrets Act of 2016 was signed into law by President Obama on May 11, 2016. While the DTSA has been on the books for over a year, relatively few courts have addressed the ex parte seizure provision and even...more

Orrick - Trade Secrets Group

USPTO’s Second Trade Secrets Symposium Looks Back on First Year of DTSA and Ahead Toward Challenges of International Trade Secrets...

On May 8, 2017, the United States Patent and Trademark Office hosted its second event on trade secrets. When we covered the USPTO’s inaugural trade secrets symposium held in January 2015, there was a palpable sense among DC...more

Hogan Lovells

Germany: New rules on recovery of criminal proceeds affect enforcement of IP rights

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On 23 March 2017, the German Parliament passed new rules on criminal law measures for recovery of criminal proceeds. In the future, enforcement of financial claims against criminal offenders will be widely handled by the...more

Hogan Lovells

Lettre d’actualité IPMT: #14 - March 2017

Hogan Lovells on

Brevets - Déclaration de non-contrefaçon et compétence territoriale du juge français - Le Tribunal de grande instance de Paris est compétent pour connaître d'une action en déclaration de non-contrefaçon des...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Robinson+Cole Data Privacy + Security Insider

The Defend Trade Secrets Act of 2016: A Year Later By The Numbers

It has been almost a year since the Defend Trade Secrets Act of 2016 (DTSA) took effect. Since Forbes Magazine called the DTSA the “Biggest IP Development in Years,” we thought it might be helpful to take a look at how often...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

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Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Porter Hedges LLP

Employment Alert: "Federal Protection of Trade Secrets - the Defend Trade Secrets Act of 2016"

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Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more

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