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Readily Ascertainable - WilmerHale's Trade Secret Bulletin: March 2025

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: February 2025

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out. ...more

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: January 2025

This month’s cases involve a cert petition to the U.S. Supreme Court on the extraterritorial application of the federal Defend Trade Secrets Act, a matter of first impression before the Court of Federal Claims, and a reminder...more

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: November - December 2024

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: October 2024

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Federal Circuit Patent Ruling Clarifies Section 101 Procedures

Courts have long interpreted Title 35 of the U.S. Code, Section 101, to bar patenting abstract ideas, laws of nature or natural phenomena. But until six years ago, the U.S. Court of Appeals for the Federal Circuit's...more

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

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

Federal Trade Secret Law Incorporates California's Particularity Requirement

On October 15, 2020, the U.S. Court of Appeals for the Ninth Circuit held in InteliClear LLC v. ETC Global Holdings, Inc., that the federal Defend Trade Secrets Act (“DTSA”) requires trade secret plaintiffs to identify a...more

What Stage 2 Of California's Reopening Means For Businesses

On May 7, Gov. Gavin Newsom announced in a press conference that the state was moving into Stage Two of a four-stage plan for reopening California that he had put forth only the prior week. He characterized this transition...more

COVID-19: California Moves Into Stage Two Of Its Reopening Plan Ahead Of Schedule

On May 7, 2020, Governor Gavin Newsom announced in a press conference that the state was moving into Stage 2 of a four-stage plan for reopening California that he had put forth only last week. He characterized this transition...more

COVID-19: California Announces Framework For Gradual Reopening

Six weeks ago, California issued the nation’s first statewide shelter-in-place order in response to the growing COVID-19 pandemic. Although nearly every other state eventually followed suit in taking significant measures to...more

COVID-19: Examining State Work-From-Home and Shelter-in-Place Orders - Issues and Trends As We Enter Month Two

In response to the COVID-19 pandemic, governors of 49 states have issued executive orders restricting operations or closing categories of businesses and/or requiring residents to shelter-in-place. These orders vary...more

COVID 19: An Overview of Governor Newsom's Statewide Shelter-In-Place Order

In the wake of the outbreak of a novel coronavirus disease (COVID-19), California state and local authorities have been at the forefront of issuing executive orders to institute measures to slow the spread of the virus....more

Ninth Circuit Watch: En Banc Court Overturns Rule That a High Degree Of Access to Copyrighted Material Reduces Plaintiff's Burden...

On March 9, 2020, the en banc U.S. Court of Appeals for the Ninth Circuit unanimously held in Skidmore v. Led Zeppelin that a copyright defendant’s “high degree of access” to a copyrighted work does not lower the plaintiff’s...more

Ninth Circuit Watch: Panel Holds That Climate Change Activists Lack Standing to Sue Federal Government

On January 17, a divided panel of the U.S. Court of Appeals for the Ninth Circuit held in Juliana v. United States that a coalition of young people lacked standing to require the federal government to develop a plan to “phase...more

California Enacts Nation’s First Anti-Bot Law

On September 28, California Governor Jerry Brown signed into law S.B. 1001, which makes it illegal “for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead...more

The Where, When and What of DTSA Appeals: Part 1

Federal trade secret litigation can be as costly and complex as patent litigation. Unlike patent litigation, however, there has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in...more

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