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Trade Secrets › Patents

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 -
Bodman

Federal Circuit Reinforces Implications of the On-Sale Bar for Patent Owners

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The recent Federal Circuit case of Celanese International Corp. v. International Trade Commission serves as a significant reminder of the importance of the on-sale bar in U.S. patent law....more

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

Kilpatrick

4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends

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Kilpatrick partners Joel Bush and Michele Floyd recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Trade Secret Update: 2024 Legal Developments and Trends.” This session...more

Fish & Richardson

Preparing Your Company for Hatch-Waxman

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The Hatch-Waxman Act regulates the relationship between branded and generic drugmakers and attempts to strike a balance between two competing policy interests — encouraging pioneering drug development and facilitating market...more

WilmerHale

Federal Circuit Confirms “Secret Sales” Can Trigger AIA’s On-Sale Bar

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On August 12, 2024, the Federal Circuit published its decision in Celanese International Corp. et al. v. International Trade Commission. The Federal Circuit concluded that, under the America Invents Act (AIA), patent claims...more

Sheppard Mullin Richter & Hampton LLP

AI Considerations in Government Contract Related M&A Transactions

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As general interest and investment in AI has accelerated since the initial public launch of ChatGPT, so too has the U.S. federal government both increased its spending in the area and the speed with which it adopted...more

Baker Botts L.L.P.

Intellectual Property Report - August 2024

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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

Sullivan & Worcester

Companies Turn to Trade Secret, Patent, Copyright to Mitigate Risks from FTC Non-Compete Ban

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On April 23, 2024, the Federal Trade Commission narrowly approved a rule banning most non-competition agreements. The rule, set to go into effect on September 4, 2024, prohibits employers from including non-compete provisions...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

Lathrop GPM

Federal Circuit Reverses Preliminary Injunction for Trade Secret Misappropriation

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In a rare Federal Circuit decision under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq., the court reversed the grant of a preliminary injunction by the U.S. District Court for the District of Massachusetts. ...more

AEON Law

Patent Poetry: Federal Circuit Issues Mixed Ruling on Blood Analyzer Trade Secrets

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The Federal Circuit has affirmed in part and reversed in part a district court ruling on an alleged misappropriation of trade secrets for blood analysis technology....more

International Lawyers Network

Seedlings of Ideas For Artificial Intelligence: Learning From A Genetic Resources/Traditional Knowledge Treaty, The Plant Patent...

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The World Intellectual Property Organization announced on May 24, 2024, a treaty on intellectual property, genetic resources, and associated traditional knowledge that was twenty-five years in the making. As WIPO’s press...more

J.S. Held

IP and Tech: Twin Engines of Innovative Sustainability

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In the quest for a sustainable future, the United Nations’ Sustainable Development Goals (SDGs) represent goalposts, albeit lofty ones, that countries can aim for. These 17 interconnected goals address pressing global...more

Fox Rothschild LLP

Trade Secret Litigation: What You Need to Know

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In today’s highly competitive business environment, it is crucial for a company to safeguard its intellectual property to maintain a competitive edge and ensure long-term success. But what is the best way to do that? ...more

Hogan Lovells

Navigating intellectual property and cybersecurity challenges in the life sciences sector

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In the ever-evolving fields of life sciences and health care, protecting intellectual property (IP) and trade secrets is more crucial than ever. Ruud van der Velden, partner in the Hogan Lovells Intellectual Property, Media,...more

Dunlap Bennett & Ludwig PLLC

Should I Patent My Trade Secret?

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If your business is keeping a valuable secret, you may be trying to figure out the best way to protect it. The question may turn on whether your secret is something like the secret Coke formula or a groundbreaking technology...more

Axinn, Veltrop & Harkrider LLP

Preliminarily Enjoin Alleged Trade Secret Misappropriation Without Addressing A Time Bar Defense under the DTSA?

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A trade secret owner must file a civil action under the Defend Trade Secrets Act (“DTSA”) within three years of when the alleged trade secret misappropriation “is discovered or by the exercise of reasonable diligence should...more

Blake, Cassels & Graydon LLP

Propriété intellectuelle 101

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Pour de nombreuses entreprises en démarrage et en expansion, la propriété intellectuelle (« PI ») est une composante cruciale de leur avantage concurrentiel et, par conséquent, est essentielle à leur succès global et à leur...more

Vondran Legal

How to Obtain a Court Ordered Subpoena for ISP Subscriber Identity

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Generally, an attorney can issue subpoenas. However, when you seek to serve an Internet Service Provider ("ISP) to find out the name and address of the subscriber (who may be an infringer of your IP), the Cable Privacy Act...more

American Conference Institute (ACI)

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

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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

WilmerHale

A Secret On Sale: When Trade Secrecy and Invention Disclosure Collide

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You have invented a process for manufacturing a high-potency artificial sweetener. You are now faced with a critical business decision: how do you protect your intellectual property? You could keep your process a closely...more

Seyfarth Shaw LLP

Celanese v. ITC – Exploring the Crossroads of Trade Secrets and Patent Rights Post AIA

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On March 4, the Federal Circuit, heard oral arguments for Celanese Int’l. v ITC, 22-1827 (Fed. Cir. 2024), a case that may reshape the dynamics between trade secrets and patent rights....more

Blake, Cassels & Graydon LLP

Intellectual Property 101

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For many startups and scaleups, intellectual property (IP) is crucial to the company’s competitive advantage and, therefore, its overall success and value. This bulletin provides a refresher on the common categories of IP in...more

Schwabe, Williamson & Wyatt PC

AI rise increases importance of IP audits

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Having a clear view of your company’s patents, trademarks, copyrights and ‎trade secrets is a first step to protecting your intellectual property and ‎building a process to maximize new IP value.‎ It’s well known that a...more

Mitratech Holdings, Inc

Workflow of the Week: Automating Intellectual Property (IP) Management

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Streamline and accelerate the steps for protecting and managing intellectual property rights such as patents, trademarks, copyrights, and trade secrets. Protecting intellectual property like technological advancements,...more

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