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SMEDs in the Spotlight: USPTO Memo Highlights Use of Rule 132 Declarations for § 101

On December 4, the US Patent and Trademark Office (USPTO) issued a memorandum to the Patent Examining Corps reinforcing its existing subject matter eligibility framework under 35 U.S.C. § 101 and calling renewed attention to...more

Fourth Circuit: Confidentiality Agreements Are Sufficient to Plead ‘Reasonable Measures’ Under DTSA

The Fourth Circuit reversed a district court’s dismissal of a trade secret misappropriation claim under the Defend Trade Secrets Act (DTSA) where the district court concluded that a company did not plausibly allege that it...more

Car Shipper’s Federal — But Not State — Trade Secrets Claims Survive in Alleged Cross-Border Undercutting Scheme

Montway LLC is an Illinois-based leading automotive-transport broker that assists customers with transporting their vehicles across the country to alleviate them of the burden of driving those vehicles themselves....more

Court Lets BDO’s Trade Secrets Lawsuit Against Ankura Move Forward

The plaintiff, BDO USA, P.C. is an accounting and professional services advisory firm. The defendants are Ankura Consulting Group, LLC, Ankura’s CEO Kevin Lavin, and Phuoc Vin Phan....more

Third Circuit: Your Passwords May Be Valuable to You, But They Are Not Trade Secrets

The plaintiff National Recovery Agency Group, LLC (NRA) is a debt-collection firm that maintains large volumes of personally identifiable information (PII) of individual debtors....more

Wu Tang’s ‘Shaolin’ Album: Court Lets Trade Secret Case Proceed

Wu-Tang Clan produced a single physical copy of the album “Once Upon a Time in Shaolin,” which was never publicly released. In 2015, Martin Shkreli purchased the album....more

Court Allows Biohaven and Yale’s Trade Secret Claims to Proceed in MODA Technology Dispute

Dr. David Spiegel, a Yale University professor, developed a new approach to targeted protein degradation using MODA technology (bi-functional synthetic molecules for degrading extracellular proteins)....more

DTSA Statute of Limitations and Reasonable Diligence in Employee Trade Secret Misappropriation Claims

The court held that the statute of limitations began to run from the date when a former employee produced confidential company financial during discovery in an unrelated matter, and not from the earlier date when the former...more

Court Upholds Gilks’ Trade Secrets in Fly Boatworks Dispute

This case is an important reminder that in trade secrets litigation, the specific business context is critically important and may be outcome determinative. Here, a closely held business was held to a much more lenient...more

Federal Circuit Affirms ImmunoGen Patent Obviousness

In a precedential opinion issued on March 6, the Federal Circuit affirmed the US District Court for the Eastern District of Virginia that the claims in ImmunoGen’s US patent application 14/509,809 (“the ’809 application,”...more

Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that...more

2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

The Four Things that Companies Need to Know About Protecting Trade Secrets

Protecting trade secrets is critical for any company. Being proactive and consistent is the best way to keep your company’s secrets safe. Keeping Your Trade Secrets Secret - It is critical for new businesses (and...more

US Patent Office Seeks to Positively Impact Climate by Accelerating Examination

The Biden Administration is using a comprehensive set of tools to stick closely to campaign promises around — and the public demand for — climate action. Recently, the US Patent and Trademark Office (USPTO) announced...more

2021 Trade Secrets End of Year Report: Analysis of the Year’s Key Cases & Trends

In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more

Trade Secrets 2020: Analysis of the Year’s Key Cases & Trends

As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more

Agriculture & Blockchain: The Early Bird Catches the Worm

Blockchain is one of the top technologies that can be integrated into various fields for improved security, traceability, and distribution. The agriculture industry is one area where blockchain innovation has quickly grown in...more

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