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Trade Secrets › Patents › Confidential Information

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 -
Smart & Biggar

Protecting trade secrets and confidential business information in Canada

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Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada....more

Proskauer - Trade Secrets

EV Trade Secret Litigation Continues to Boom with Tesla Suing Its Supplier Over EV Battery Technology Theft

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The rise in trade secrets litigation in the electric vehicle (“EV”) sector continues with Tesla filing another lawsuit: this time against its own equipment supplier. On June 14, 2024, Tesla filed a complaint in the Northern...more

Weintraub Tobin

When Is Trade Secret Protection the Right Choice?

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Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S....more

Rothwell, Figg, Ernst & Manbeck, P.C.

Mastering the Recipe of Food Technology Intellectual Property

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Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Why Privacy And Trade Secret Law Are On A Collision Course

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Can privacy law and trade secret law coexist, or is compliance with both impossible? We are experiencing the fourth industrial revolution, driven by the rise in data and connectivity, analytics and artificial intelligence....more

Mintz Edge

Do You Have the Rights? How to Maintain Investor Confidence When Using Third-party Intellectual Property

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Imagine the following scenario: You, as the founder of a business, have spent the past three years building your company. You have been bootstrapping until now, but the company is at a crossroads and in order to grow the...more

Foley & Lardner LLP

How Intellectual Property Fits in Cloud Computing and SaaS Business Models

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Various types of intellectual property (IP) can provide companies protection of innovations and maintain or expand competitive advantages. For companies that operate using Software-as-a-Service (SaaS) technologies and/or...more

Foley & Lardner LLP

Key Takeaways from AmericaMakes: 2022 RAPID + TCT Additive Manufacturing (3D Printing) Conference

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Industry Insights, Protecting Your Property/Information and Building a Foundation for Compliance with Labor and Employment Laws - On May 17-19, 2022, the AmericaMakes: RAPID + TCT Additive Manufacturing Conference was...more

Weintraub Tobin

Trade Secret or Patent?

Weintraub Tobin on

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. The answer is: It depends. What Can Be Protected? The first thing to consider is what it is that...more

Proskauer - Minding Your Business

Secret Hair Don’t Care: When NDAs Fail to Protect Trade Secrets

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In a significant recent decision, the Federal Circuit reversed a $66 million judgment against L’Oreal USA, Inc. for patent infringement and trade secret misappropriation asserted by Olaplex, Inc. The case arose as a result of...more

Dorsey & Whitney LLP

Federal Circuit Gives a Makeover to $66 Million Judgment Against Beauty Giant

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Earlier this month, the U.S. Court of Appeals for the Federal Circuit reversed a $66 million dollar judgment against beauty industry giant L’Oréal for patent infringement, trade secret misappropriation, and a related breach...more

Rothwell, Figg, Ernst & Manbeck, P.C.

IP Assignment Considerations for Emerging Companies

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Founders of an emerging company must decide early on in its growth cycle whether to require employees to assign their inventions (including rights to patent and patent applications –collectively “patent rights”) to the...more

International Lawyers Network

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

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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

International Lawyers Network

Protecting Your IP: Social Media Dos and Don’ts

International Lawyers Network on

Social media continues to offer an invaluable platform for natural products brands to engage and expand their customer base. In these times, consumers are using social media more and more—particularly on their mobile...more

Mintz - Intellectual Property Viewpoints

Fact-Specific Inquiry: Deciding Between Trade Secret and Patent Protection

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Innovations that are eligible for patent protection are often vital to a company’s revenue stream and profitability, but in some cases, opting for trade secret protection is a better strategic choice. Although some types...more

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in Spain

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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

Fish & Richardson

Best Practices: Protecting Your Trade Secrets in the M&A Virtual Data Room

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Every day, businesses large and small are seeking to be acquired, in whole or in part. (While such efforts are often described broadly as “M&A activity” they are much more commonly aimed at “Acquisitions” than “Mergers”)....more

Holland & Knight LLP

IP Considerations During COVID-19: IP Housekeeping

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As businesses consider how to transition to a "new normal," a thorough review of intellectual property (IP) assets and a protocol for managing those assets should be part of the planning process. For many companies, the...more

Seyfarth Shaw LLP

Peloton Surges to the Top of the Leaderboard in Competitor Spat

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In 2012, Peloton rode into the home fitness scene with its now ubiquitous at-home exercise bike, which features a tablet that allows riders to stream both live and pre-recorded classes while competing against other riders on...more

Seyfarth Shaw LLP

California Appellate Court Rules Publication of Trade Secrets, Even Without Owner Consent, Eviscerates Protection

Seyfarth Shaw LLP on

It is axiomatic that in order for information to be considered a trade secret, it must have been kept secret. But what if the trade secret is disclosed without the owner’s consent? Such was the issue in Intellisoft, Ltd. v....more

Farella Braun + Martel LLP

Securing Against Trade Secret Pitfalls and Dangers Arising From Employee Mobility Situations

Farella Braun + Martel LLP on

Picture this: Your company is in a highly competitive industry with several leading players heavily supported by major corporate investors and/or venture capital funds. The market is expected to generate potentially hundreds...more

Seyfarth Shaw LLP

The Increasing Importance of Trade Secrets and Trade Secret Asset Management Explained

Seyfarth Shaw LLP on

Trade secrets have, up until recently, been somewhat ignored. When I started to pay attention to trade secrets, some of my colleagues and contacts probably thought that I was mad. ...more

Hogan Lovells

France – Trade secrets protection optimized with new procedural measures before Courts

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The FRAND patent litigation case between Conversant Wireless Licensing SARL and LG Electronics Inc. and LG Electronics France offers a first and exemplary illustration of an extensive use of the procedural arrangements...more

Seyfarth Shaw LLP

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

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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

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2018

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In This Issue - Gender Diversity in Patenting: Current Landscape and Recommendations - The gender gap in patenting is a current challenge that companies face. While this issue seems pervasive, companies and lawyers can...more

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