News & Analysis as of

Trade Secrets Comment Period

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Baker Botts L.L.P.

Intellectual Property Report - August 2024

Baker Botts L.L.P. on

Be an Expert: Precedential PTAB Decision on Conclusory Expert TestimonyStutti TilwaA recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on...more

Faegre Drinker Biddle & Reath LLP

The FTC Non-Compete Rule – It’s Finally Here (Almost)!

On April 16, 2024, the Federal Trade Commission (FTC) announced that, next Tuesday, April 23, it will be releasing the final version of its proposed rule largely prohibiting employee non-competition restrictions. See FTC...more

Parker Poe Adams & Bernstein LLP

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more

Jenner & Block

Client Alert: Stakeholders Speak Out During Webinar on FTC’s Proposed Rule Banning Noncompetes

Jenner & Block on

Recently, the Federal Trade Commission (FTC) hosted another public forum on its proposed rule to ban noncompetition agreements (noncompetes). While the public forum provided opportunity to those for and against noncompetes to...more

Fisher Phillips

Frequently Asked Questions About the FTC’s Proposal to Ban Non-Compete Agreements

Fisher Phillips on

When the federal government proposed a rule that would ban most non-competition agreements, many employers lined up with questions and concerns about the scope of the proposal and what it might mean for their day-to-day...more

Houston Harbaugh, P.C.

The Future of Non-Competes – What to Do Now

Houston Harbaugh, P.C. on

The proposed rule would only permit non-competes as part of the sale of a business –and then only when the restricted individual owns at least 25% of the entity being sold. The proposed rule permits non-solicitation...more

BCLP

USTR to Close Comment Period on Continuation of Section 301 Tariffs on Chinese Imports on January 17

BCLP on

The U.S. Trade Representative (USTR) is now accepting comments from the public on whether to continue the current Section 301 tariffs on imported goods of Chinese origin. Commenters are guided by a questionnaire that the USTR...more

Genova Burns LLC

Federal Trade Commission Proposes Banning Noncompete Clauses

Genova Burns LLC on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a radical and unprecedented rule that would prohibit employers from entering noncompete clauses with their workers. This follows the initiation of a landmark FTC...more

Wiley Rein LLP

EPA is Getting it Right on TSCA Confidential Business Information (CBI) – but You Should Still Comment on the Proposed Rule

Wiley Rein LLP on

Let’s kick start a conversation on Toxic Substances Control Act confidential business information (TSCA CBI). Maybe I’ve just missed it, but I have not seen much public discussion about the U.S. Environmental Protection...more

Holland & Knight LLP

New Trade Secret Protections in China

Holland & Knight LLP on

U.S. companies have been complaining for years that Chinese companies are allowed to steal and misappropriate U.S. intellectual property rights at will and without recourse. However, many commentators, including former U.S....more

Fenwick & West LLP

Inventorship, Patenting and AI: The Public Comments on Patenting Artificial Intelligence Inventions

Fenwick & West LLP on

Use of artificial intelligence has grown enormously in recent years. A decade ago, machine learning was a new and exotic technology—at least, for mainstream commercial applications—with few companies patenting ML-based...more

Foley & Lardner LLP

Hidden Layers Between AI & Patent Policy: Global Patent Office Policy Considerations and Perspectives

Foley & Lardner LLP on

With the ever increasing adoption of AI technology, no industry will unlikely be left untouched by Artificial Intelligence in the coming years. The worldwide spending on AI systems is estimated to increase as much as 100...more

Orrick - Trade Secrets Group

FTC Holds Workshop Examining Potential for Regulation of Non-Compete Agreements

After a busy year for non-compete regulation at the state level, the Federal Trade Commission (FTC) held a public workshop last Thursday in Washington D.C. to examine the legal basis and economic support for a contemplated...more

Jones Day

When Innovation Creates: Additional Developments in Artificial Intelligence at the U.S. Patent and Trademark Office

Jones Day on

The Situation: Advances in artificial intelligence ("AI") are providing the ability to automatically create and design innovations without human assistance. AI's impact on patent, copyright, trademark, trade secret, and other...more

Proskauer Rose LLP

Antitrust Agencies Propose Updates to IP Licensing Guidelines and Invite Comments

Proskauer Rose LLP on

In 1995, the Federal Trade Commission and the Department of Justice first issued the Antitrust Guidelines for the Licensing of Intellectual Property. They represent the antitrust enforcement policy of the agencies with...more

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