News & Analysis as of

Infringement Misappropriation

McDermott Will & Emery

Back in the USA: Seventh Circuit Lifts Sanctions, Anti-Suit Injunction Contempt

The US Court of Appeals for the Seventh Circuit stayed a district court’s contempt sanctions relating to an anti-suit injunction violation, finding that the adjudicated infringer had done all it could to withdraw from the...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2024

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The NCAA and the Power 5 conferences have told a CA federal judge that the “highly varied and diverse ways” schools compensated athletes after the 2021 Alston Supreme Court decision make it implausible to certify the class...more

Benesch

Tennessee Governor Signs into Law First-of-its-Kind Bill Addressing AI Misappropriation of Voices, Images, and Songs

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Beginning July 1, 2024, Tennessee musicians and artists will have an additional layer of protection for their voices and songs from generative AI cloning models and services that enable human impersonation and create...more

Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

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The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

Foley & Lardner LLP

Automation, Electrification, and Connectivity: The Auto Industry in the ITC

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Automakers and their suppliers have long been participants in unfair trade investigations before the International Trade Commission (“ITC”), but the scope and subject matter of automotive-related investigations is evolving....more

Fenwick & West LLP

Beware of Different Limitations Periods in Employee Trade Secrets Disputes!

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Most lawyers know, at least generally, that IP infringement and misappropriation actions are subject to various statutes of limitations. Patent actions need to be brought within six years, copyright actions within three, and...more

McDermott Will & Emery

Use of Infringing Product, Misappropriated Trade Secrets May Continue—for a Licensing Fee

The US Court of Appeals for the Sixth Circuit affirmed a district court’s stay of a permanent injunction against copyright infringement and trade secret misappropriation, permitting the infringer to continue use of an...more

Hogan Lovells

Global Trade Secrets Guide 2020

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Businesses are increasingly turning to trade secrets as a mechanism to protect their innovations and know-how. In some cases, trade secrets offer an attractive alternative to patent protection. Companies also recognize the...more

Hogan Lovells

Netherlands: Getting the most out of the new trade secret protection act

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The new Trade Secret Protection Act came into force recently in the Netherlands. The Act is an implementation of the EU Trade Secrets Directive, which seeks to improve and harmonise the standards of protection of trade...more

Orrick - Trade Secrets Group

Bad Artists Copy. Good Artists Steal: Trade Secrets in the Art World

In the small world of exclusive and upscale art sales, competing galleries inevitably form and maintain relationships with one another. ...more

Seyfarth Shaw LLP

Court Allows Plaintiff to Amend Complaint to Add Defend Trade Secrets Act Claim After Discovery Reveals Alleged Continued...

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A Northern District of California court recently held a plaintiff could amend its complaint to add a Defend Trade Secrets Act (“DTSA”) claim when discovery showed continued misappropriation after the enactment of the DTSA on...more

Orrick - Trade Secrets Group

ECONOMIC ESPIONAGE AND PROTECTING TRADE SECRETS: Ninth Circuit Holds That Reasonable Measures to Guard Technology are Sufficient

How can you protect your trade secrets from a vast and well-concealed international effort to steal those secrets? What constitutes a “reasonable” effort to protect that information where at least one competitor may already...more

Foley Hoag LLP - Security, Privacy and the...

U.S. Steel ITC Case Alleging Chinese Government Hacked Its Network and Stole Its Secret Formulas May Be Revived

First, a little background for those unfamiliar with the wonderful world of the International Trade Commission (ITC). Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) prohibits “unfair methods of competition and...more

Bracewell LLP

Keep Quiet and Carry On under the EU Trade Secrets Directive

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Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member...more

Dechert LLP

New EU Trade Secrets Directive Formally Adopted

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The new EU Trade Secrets Directive aims to harmonise the protection of trade secrets across all EU Member States. The reform seeks to give businesses greater confidence in sharing trade secrets across multiple Member States...more

FordHarrison

Invocation of "The Rule" During Trade Secret Injunction Hearings

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The Texas Supreme Court ruled last week that a party accused of stealing trade secrets does not have an absolute right to be present in the courtroom for the entirety of a preliminary injunction hearing when the trade secrets...more

Orrick - Trade Secrets Group

One Man’s Trash Is Another Man’s Trade Secret? Idaho Supreme Court Rules Against Appellant Waste Disposal Company In Bid to...

In a case more notable for the fact that it reached Idaho’s Supreme Court than the final decision, the lower court’s dismissal of the plaintiff waste disposal company’s misappropriation of trade secrets claim was affirmed....more

Gray Reed

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 3

Gray Reed on

The basics of the Texas Anti-SLAPP law In part three we are going to deep dive into a specific case that has garnered a lot of attention-Schlumberger v. Rutherford which is currently on appeal to the Houston Court of...more

Seyfarth Shaw LLP

Sales Of $8,000 Stemming From Trade Secret Misappropriation Results In Liability For $1.3 Million

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At a time when an ex-employee’s newly created company was subject to an injunction prohibiting misappropriation of his former employer’s supposed trade secret, the new company allegedly used that confidential information on a...more

Robins Kaplan LLP

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

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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

Womble Bond Dickinson

AcryliCon Accuses Silikal Of Trademark Infringement and Misappropriation of Trade Secrets

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On April 10, 2014, AcryliCon USA, LLC, (“AcryliCon” or “Plaintiff”) filed a complaint against Silikal GmbH & Co. and Silikal Industries GmbH, (“Silikal”), Hubert Weimann, and Harold Schmidt (collectively, “Defendants”)...more

BakerHostetler

Appropriation Art Alive and Well after Second Circuit Ruling in Cariou v. Prince

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Today, the Second Circuit handed down its much anticipated decision in Cariou v. Prince regarding the legality of appropriation art by artist Richard Prince. Just over two years ago, in federal district court in New...more

McDermott Will & Emery

IP Update, Vol. 16, No. 2, -- February 2013

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In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the...more

BakerHostetler

Girl Under Fire: Alicia Keys Sued for Copyright Infringement over Girl on Fire

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Songwriter Earl Shuman sued Alicia Keys for allegedly “sampling” parts of the composition “Hey There Lonely Boy” (“Lonely”) that he co-wrote in 1962. According to the complaint, Keys’ recording of “Girl on Fire” (“Fire”),...more

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