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Trade Secrets › Misappropriation › Patent Applications

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 -
Weintraub Tobin

Preliminary Injunction Upheld in Trade Secret Dispute Despite Prior Publication

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Publication of an algorithm prevents the algorithm from being a trade secret, right? Not necessarily. The Federal Circuit just reminded us that under certain circumstances that may not be the case. ...more

Fisher Phillips

Have Your Cake and Eat It Too: Trade Secret Litigation Offers Creative Additional Option for Employers Asserting Patent...

Fisher Phillips on

When most companies think about how to protect their proprietary information and inventions, the first (and most obvious) option is to file for patent protection. However, as recent court cases make clear, trade secret law...more

CDF Labor Law LLP

9th Circuit Upholds Continuing Use Doctrine Under the DTSA

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Recently, the Ninth Circuit affirmed a matter of first impression holding that an alleged misappropriation of a trade secret that occurred before the Defend Trade Secrets Act (“DTSA”) was enacted in 2016 may form the basis...more

McDermott Will & Emery

How Not to Build a Case of Trade Secret Misappropriation

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The US Court of Appeals for the Ninth Circuit affirmed a dismissal of trade secret claims, finding that although misappropriation of a trade secret prior to the enactment of the Defend Trade Secrets Act (DTSA) does not...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Applies the “Continued Use” Doctrine to the Defend Trade Secrets Act

Sheppard Mullin Richter & Hampton LLP on

The Defend Trade Secrets Act (“DTSA”), enacted in 2016, created a federal right of action for misappropriation of trade secrets. The Ninth Circuit recently addressed for the first time whether a DTSA claim may be brought...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Secrets and Specialties

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Ninth Circuit resolves a novel question about continuing violations under the Defend Trade Secrets Act, and invalidates an agency’s conclusion that computer programmers are not entitled to “specialty...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2020

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In This Issue - Inventorship, Patenting and AI: The Public Comments on Patenting Artificial Intelligence Inventions - Interest in artificial intelligence has become so keen that questions previously found only in works...more

Knobbe Martens

Strategies for Protecting Intellectual Property (IP) on a Reduced Budget

Knobbe Martens on

Shutdown orders due to the COVID-19 virus pandemic have created economic disruption, causing companies to scale back on intellectual property (IP) expense. This creates an opportunity to move ahead of the competition. This is...more

Bradley Arant Boult Cummings LLP

Is Evidence of Copying Enough to Support a Finding of Nonobviousness? - Intellectual Property News

Bradley Arant Boult Cummings LLP on

In a precedential decision that was unsealed last week by the Federal Circuit, the Patent Trial and Appeals Board (PTAB) was told that it erred in not considering evidence of copying when rendering its decision on obviousness...more

Jaburg Wilk

Intellectual Property 101 for Business Owners

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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

Seyfarth Shaw LLP

Louisiana Federal Court Rules Information in Patent Application Remains Actionable Trade Secret Under DTSA

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The United States District Court for the Eastern District of Louisiana recently held that, under the Defend Trade Secrets Act, 18 U.S.C. § 1836, et seq., information included in a patent application remains an actionable...more

Fenwick & West LLP

A Patent Application Does Not Bar a DTSA Claim Update

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In Cajun Services Unlimited, LLC v. Benton Energy Service Company, the U.S. District Court for the Eastern District of Louisiana denied a motion for summary judgment and held that material in a patent application can remain...more

Seyfarth Shaw LLP

Belt And Suspenders: Recent Federal Circuit Case Highlights Importance Of Using Trade Secret And Patent Protections For IP

Seyfarth Shaw LLP on

Many companies assume that they need to choose between patent protections or trade secret protections for their intellectual property, thereby foregoing an important tool in their arsenal to protect key company assets....more

Knobbe Martens

CardiAQ - An IP Success Story

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At the recent ACC-Socal Double Header Event, Knobbe Martens presented, "CardiAQ - An IP Success Story." ...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

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Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2018

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Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more

Mintz - Intellectual Property Viewpoints

Year in Review: The Most Popular Blog Posts of 2016

Mintz - Intellectual Property Viewpoints on

As 2017 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2016. According to the many readers of Global IP Matters, hot topics included navigating...more

Knobbe Martens

Class 6: How to Avoid Losing Patent Rights

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In This Presentation: •Today’s Main Topic: – How to Avoid Losing Patent Rights •May Cover: – What is Intellectual Property (Class 1 Redux)? – Making Use of Trade Secrets (Catch-up from...more

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