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Trade Secrets Sovereign Immunity

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 -
McDermott Will & Emery

“Common Sense” Governs Tribal Sovereign Immunity Under Federal Contracting Program

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The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s ruling, holding that waiver of sovereign immunity for claims related to a federal contracting program means the defendant, a sovereign...more

Proskauer - Trade Secrets

An Archetypical Trade Secrets Claim with a Twist: Tribal Sovereign May be Sued in Court for Alleged Theft of Trade Secrets Related...

AQuate II, LLC v. Jessica Tedrick Myers and Kituwah Global Gov’t Group, LLC, is, as all parties put it, about “an archetypical trade secrets claim,” but with a couple of twists: sovereign immunity and an agreement to resolve...more

McDermott Will & Emery

Stormy Weather Ahead: Lack of Causation Evidence Rains Out Appeal

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The US Court of Appeals for the Tenth Circuit found that a trade secret owner lacked “non-speculative and sufficiently probative evidence of a causal nexus between Defendants’ alleged bad acts and [the trade secret owner’s]...more

McDermott Will & Emery

Absent Proof of Government Ownership on an EEA Sovereign Immunity Defense is All Black and White

The US Court of Appeals for the Ninth Circuit affirmed the district court’s denial of a motion to dismiss an indictment, charging four Chinese companies with violations of the criminal provisions of the Economic Espionage Act...more

International Lawyers Network

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

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

Jones Day

Year-End Review of Key Trade Secret Decisions

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A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. Due in...more

Fenwick & West LLP

Georgia Appellate Court Opens the Door for Trade Secret Misappropriation Suits Against State Entities

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In Board of Regents of the University System of Georgia v. One Sixty Over Ninety, the Georgia Court of Appeals held recently that a state entity is not immune from trade secret claims brought under the Georgia Trade Secrets...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2019

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In This Issue - New Privacy Regulations Weaken the Foundation of Smart Cities - New privacy regulations are threatening the full value and promise of smart cities through more stringent requirements for data collection,...more

Holland & Knight LLP

Trade Secret Claims Related to Hacking of DNC’s Computers Dismissed With Prejudice

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In a well-publicized litigation, the Democratic National Committee (DNC) sued the Russian Federation for "unlawfully hacking into the DNC's computers in connection with the 2016 presidential election and thereafter...more

McDermott Will & Emery

IP Update, Vol. 16, No. 9, September 2013

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Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

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