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Trade Secrets › Copyright › Copyright Infringement

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 -
Sunstein LLP

Trade Secret Damages Beyond the Actual Loss Suffered by Plaintiffs Become Harder to Obtain

Sunstein LLP on

The Southern District of New York vacates nearly $200 million in damages after remand from Second Circuit - On March 13, 2024, in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., the Federal District...more

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

Dorsey & Whitney LLP on

The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

McDermott Will & Emery

Insuring Innovation: Software Code May Be Protected as an Arrangement

McDermott Will & Emery on

The US Court of Appeals for the Eleventh Circuit once again remanded a trade secret and copyright dispute involving software for generating life insurance quotes, finding that the district court erred by failing to consider...more

Irwin IP LLP

Is an Arrangement of Source Code Protectable?

Irwin IP LLP on

Compulife Software, Inc. v. Newman, No. 21-14071, 2024 WL 3611013 (11th Cir. Aug. 1, 2024) - On August 1, 2024, the Eleventh Circuit Court of Appeals issued a ruling that affirmed a trade secret claim, but reversed and...more

American Conference Institute (ACI)

[Event] 4th Annual Summit for Women Leaders in IP Law - June 25th - 26th, Washington, DC

American Conference Institute (ACI) on

During ACI’s Annual Summit for Women Leaders in IP Law, women in Intellectual Property roles come together to explore industry trends and important factors impacting today’s women IP leaders and practitioners. Learn to...more

Proskauer - New Media & Technology

Anthropic Joins the Party, Offers Copyright Shield to Enterprise AI Customers

Proskauer - New Media & Technology on

On December 19, 2023, AI research company Anthropic announced that it had updated and made publicly available its Commercial Terms of Service (effective Jan 1, 2024) to, among other things, indemnify its enterprise Claude API...more

McDermott Will & Emery

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

McDermott Will & Emery on

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more

McDermott Will & Emery

Message Received: US Courts Are Appropriate, More Convenient Venue to Adjudicate US IP Disputes

McDermott Will & Emery on

Addressing personal jurisdiction and forum non conveniens in a software licensing dispute, the US Court of Appeals for the Fourth Circuit upheld a district court’s exercise of personal jurisdiction over a Dutch entity and the...more

Morgan Lewis - Tech & Sourcing

Managing IP Rights for Technology Projects

Morgan Lewis - Tech & Sourcing on

Effective management of intellectual property is crucial in the contracting stages of technology projects. Various types of intellectual property can be subject to protection in an agreement and may receive different types of...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2022

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In This Issue - Transformative Fair Use: Does Andy Warhol Qualify? On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn...more

Mintz - Intellectual Property Viewpoints

Benefits of Using Copyrights to Protect Artificial Intelligence and Machine Learning Inventions

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We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform could be patented or protected under trade secret, such as related to biotech and synthetic biology. Equally important...more

International Lawyers Network

Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

International Lawyers Network on

Many cultures have the tradition of spring cleaning. These range from those in Iran observing the Persian New Year festival of Nowruz (and the practice of “khooneh tekouni,” or “shaking the house” to prepare for Nowruz), to...more

Kidon IP

Legal Protection for the Software Arts — Part 5

Kidon IP on

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works. A software rights owner does not have to publish, affix...more

International Lawyers Network

Protecting Confidential Information in Canada: Is there a Better Way?

International Lawyers Network on

The British Columbia decision Equustek Solutions Inc. v Jack highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In...more

Smart & Biggar

Cloud computing: A brief overview of intellectual property issues "in the cloud"

Smart & Biggar on

Cloud computing has increasingly become a dominant model for computer and information technology service, with the majority of businesses worldwide using computing resources and storing data “in the cloud.” However, despite...more

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in Spain

Jones Day on

Spain's Trade Secrets Law, enacted in early 2019, is expected to bring about significant changes to the country's business environment. Partner Marta Delgado Echevarría talks about the new protections in place for trade...more

McDermott Will & Emery

Use of Infringing Product, Misappropriated Trade Secrets May Continue—for a Licensing Fee

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit affirmed a district court’s stay of a permanent injunction against copyright infringement and trade secret misappropriation, permitting the infringer to continue use of an...more

International Lawyers Network

Queen Anne’s Revenge, Indeed!: Copyright Conundrums, Sovereign States, and IP Piracy

International Lawyers Network on

We live in a time of contradictions and confusion, and today we aim to explore how some such tensions have manifested themselves in the area of intellectual property law. On the one hand, we have a national and...more

Holland & Knight LLP

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

Holland & Knight LLP on

Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

Pillsbury - Policyholder Pulse blog

A Practical Guide to Securing IP Insurance

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There has been tremendous recent growth in the range of specialized insurance policies offered to protect against intellectual property (IP) claims. “Traditional” policies may cover a given IP claim, but specific IP policies...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2020

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In This Issue - Influencer Marketing: Top Business and Legal Considerations for 2020 - Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a...more

Jaburg Wilk

Intellectual Property 101 for Business Owners

Jaburg Wilk on

Although many business owners have a general idea of what intellectual property is, most are not as familiar with the different types of intellectual property and what may be protected. This can be an expensive learning curve...more

Fenwick & West LLP

A Looming AI War: Transparency v. IP Rights

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As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few months, at least three major works have been published on the issue....more

Womble Bond Dickinson

Intellectual Property Considerations and Guidance for Start-Ups: Copyrights

Womble Bond Dickinson on

Copyrights protect original works of authorship. This gives a copyright holder exclusive rights to modify, distribute, perform, display, and copy the work. However, as with other forms of intellectual property, there are...more

Fenwick & West LLP

Key IP Takeaways from the United States-Mexico-Canada Agreement

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On September 30, 2018, the United States, Mexico and Canada reached a trade agreement to supersede the North American Free Trade Agreement. The aptly named United States-Mexico-Canada Agreement includes intellectual property...more

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