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Trade Secrets › Patents › Software

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 -
Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

Bradley Arant Boult Cummings LLP on

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more

Weintraub Tobin

Trade Secret or Patent?

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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

Farella Braun + Martel LLP

Artificial Intelligence Can’t Patent Inventions: So What?

Farella Braun + Martel LLP on

The USPTO’s recent landmark decision (16/524,350) concluding artificial intelligence (AI) cannot be a named patent inventor perhaps sparked fears of super-robots inventing critical technologies that, alas, receive no patent...more

Cooley LLP

Alert: Combination Litigation: Recent Software Disputes at the Intersection of Trade Secret, Copyright and Patent Law

Cooley LLP on

In recent years, companies have increasingly needed to employ multiple, overlapping legal regimes – trade secret, copyright and patent law – to protect intellectual property such as software. Companies need to weigh the pros...more

Seyfarth Shaw LLP

Peloton Surges to the Top of the Leaderboard in Competitor Spat

Seyfarth Shaw LLP on

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

Foley & Lardner LLP

Automotive Market Intelligence

Foley & Lardner LLP on

The pace of innovation in the electric, autonomous, and connected vehicle space is staggering. These innovations relate to advanced sensors, radar and LiDAR, geolocation, artificial intelligence algorithms,...more

Wilson Sonsini Goodrich & Rosati

Digital Health Report - Fall 2017

Wilson Sonsini Goodrich & Rosati on

Digital health is the convergence between healthcare, genomics, and digital technologies. It is a fast-growing sector with important implications for individuals and institutions alike. Whether it is hospitals and health...more

Knobbe Martens

Intellectual Property Cases Dominate 2016 Verdict Awards

Knobbe Martens on

According to the annual Top 100 Verdicts report by ALM’s VerdictSearch, five jury verdicts for Intellectual Property cases cracked the top 10 with a sixth breaking into the top 25 verdicts of 2016. While the amounts do not...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Trade Representative Issues 2016 Special 301 Report

McDonnell Boehnen Hulbert & Berghoff LLP on

On April 27th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR), issued the 2016 Special 301 Report. According to the USTR website, "[i]ntellectual property is a critical source of economic growth and...more

Robins Kaplan LLP

[Webinar] Keeping What is Yours Yours: Best Practices for Software Companies to Protect Their “Secret Sauce” - Feb. 9th, 1:00pm,...

Robins Kaplan LLP on

In today’s fast paced, if not neck-breaking, speed at which advancements in software development and platforms occur, one issue facing software companies is how to keep their competitors from obtaining the "secret sauce." ...more

McAfee & Taft

Common IP pitfalls every business can avoid

McAfee & Taft on

As a business owner or manager, you have probably experienced or at least heard about costly and disruptive intellectual property infringement lawsuits. You may also be very concerned about protecting your company’s customer...more

Seyfarth Shaw LLP

Trade Secrets or Patents – Why Software Presents No “One Size Fits All” Solution

Seyfarth Shaw LLP on

There are many ways to obtain intellectual property protection for software creations. Many keep the software code confidential and maintain the software as a trade secret....more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2015

Fenwick & West LLP on

California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more

Robins Kaplan LLP

How to Keep What is Yours: Practical Considerations for Healthcare IT Protection

Robins Kaplan LLP on

One of the worst kept secrets is the experienced and expected growth in healthcare IT. In 2013, over $650 million was invested into healthcare IT companies, and the trend is continuing to grow. Combined with the fact that...more

Robins Kaplan LLP

Protecting Big Data Systems in a Post-Alice World

Robins Kaplan LLP on

Owners of software patents took a blow last June with the U.S. Supreme Court’s decision in Alice Corp v. CLS Bank International. The Alice Court held that, to be eligible for patent protection, computer-driven innovations...more

Robins Kaplan LLP

Software and Trade Secrets: Rethinking IP Strategies after CLS v. Alice

Robins Kaplan LLP on

Historically, the patent system has provided broad protections to software innovations. In the past, software patent holders could prevent competitor infringement without much need for a comprehensive disclosure of the...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2013

Fenwick & West LLP on

Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

Levenfeld Pearlstein, LLC

Taxation Of Computer Software Sales: Ordinary Income, Capital Gain, Or Both?

Levenfeld Pearlstein, LLC on

The taxation of computer software is complex, confusing, and in some circumstances, uncertain; although self-created computer software is routinely sold today, especially with the significant increase in the number of...more

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