News & Analysis as of

Intellectual Property Protection Misappropriation

DarrowEverett LLP

Generative AI and Trade Secrets: A New Frontier for IP Litigation

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As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more

Fisher Phillips

Protecting Trade Secrets in the Life Sciences Industry: 8 Steps to Prevent Corporate Espionage and Theft

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Protecting trade secrets in any business is critical, but the stakes are higher in life sciences. Given the high focus on innovation in the industry, corporate espionage can result in devastating financial and reputational...more

J.S. Held

Utilizing Digital Forensics Expertise in Intellectual Property, Copyright & Trade Secret Matters

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Need Assessment, Vetting, and Identification of a Reliable Expert in the Digital Forensics Process - Whether your organization is looking for advisory and expert support for an internal investigation into allegations of...more

Womble Bond Dickinson

How the Lashify Decision Could Expand IP Enforcement Strategies at the ITC to Protect U.S. Domestic Industry

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A recent decision by the U.S. Court of Appeals for the Federal Circuit expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing...more

Hicks Johnson

How to Develop a Successful Trade Secret Litigation Strategy: 7 Best Practices for In-House Counsel

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In today’s competitive business environment, trade secrets have emerged as some of an organization’s most prized assets. They are the hidden formulas, proprietary processes, and specialized know-how that give companies their...more

Troutman Pepper Locke

Former Last Chance U Athletes Sue School, Netflix Over Alleged NIL Violations

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Six former East Mississippi Community College football players who appeared in the documentary series Last Chance U have sued the school, Netflix, the National Junior College Athletic Association (NJCAA), and the...more

Mayer Brown

Concerns Related to DeepSeek’s Training Techniques May Focus on IP Issues

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AT A GLANCE - Beyond whether DeepSeek used data from existing AI application program interfaces (APIs) to train its models lie concerns about whether querying an AI API may lead to trade secret misappropriation....more

Orrick, Herrington & Sutcliffe LLP

Protecting Trade Secrets: Tips for AI Companies

AI companies should familiarize themselves with trade secret law to safeguard their innovations. A company does not need to register a trade secret to invoke it in litigation, unlike other IP protections. Trade secrets can...more

Fish & Richardson

Protecting and Enforcing Your Trade Secrets in a Global Economy

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In the interconnected, global business environment, trade secret information regularly crosses international boundaries, and trade secret misappropriation can occur anywhere in the world. Trade secret holders should thus...more

Faegre Drinker Biddle & Reath LLP

Hytera Petitions Supreme Court to End DTSA’s Extraterritorial Reach

Summary In July 2024, the Seventh Circuit concluded that the DTSA can reach all of a defendant’s worldwide sales caused by the misappropriation, so long as — in the words of 18 U.S.C. § 1837(2) — “an act in furtherance” of...more

IR Global

ESG Litigation is Increasing – 3 Tips to Navigate Disputes

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The greentech industry is recognized as one of the key subsectors of the ESG investment world. Energy transition to renewables is the new industrial revolution. It is a global win-win-win for bolstered economic strength,...more

DLA Piper

Relevance of Trade Secret Ownership for Misappropriation: I-Mab Biopharma v. Inhibrx Inc.

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In I-Mab Biopharma v. Inhibrx, Inc., a trade secret misappropriation case, a federal jury in Delaware sided with the defendants, Inhibrx and its co-founder Brendan Eckelman, on all counts. The jury found no existence of a...more

Sunstein LLP

Massachusetts Jury Sets New Record Under Federal Defend Trade Secrets Act With $452 Million Damages Award

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In December, a Massachusetts corporation won the largest jury verdict ever awarded under the federal Defend Trade Secrets Act (DTSA). The award of $452 million is part of a recent trend of massive awards to trade secret...more

WilmerHale

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

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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

Kohrman Jackson & Krantz LLP

Copycats or Common Trends? Legal Battle Between Influencers Over "Clean Girl" Aesthetic

A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her “vibe,” –...more

Sheppard Mullin Richter & Hampton LLP

Lovo “Voices” Opposition to Suit Over “Kitchen-Sink” Approach to Alleged AI Voice Cloning

Defendant Lovo has moved to dismiss an amended complaint alleging that the voice actor Plaintiffs’ voices were unlawfully cloned by Defendant Lovo’s AI Voice Generator. Plaintiffs allege that Lovo’s CEO stated on a podcast...more

Sheppard Mullin Richter & Hampton LLP

The Proliferation of Trade Secret Misappropriation and U.S. Enforcement Choices

미국의 영업 비밀 소송 호황기 This is a boom time for trade secret litigation in the U.S. The underlying conditions driving the boom include the growing mobility of the global workforce, the ease with which electronic data can be...more

Baker Botts L.L.P.

Trade Secret Litigation: How Will AI Innovations Likely Be Litigated?

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While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI. With decades of legal development, it’s an essential area where companies will need to protect...more

Dorsey & Whitney LLP

A Helpful Reminder of Utilizing a TRO to Keep the Trade Secret ‘Genie in the Bottle’

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A temporary restraining order (“TRO”) followed by a preliminary injunction is often essential for a company to maintain the trade secrets status of its information that is being misappropriated. Typically, once the...more

Sheppard Mullin Richter & Hampton LLP

Companies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law

Following the Seventh Circuit’s recent decision in Motorola Solutions Inc. v. Hytera Communications Corp. Ltd., the United States may become a destination venue for resolution of global trade secret disputes. The Seventh...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Civil Remedies are Available Under the Defend Trade Secrets Act?

The DTSA supplements the criminal penalties of the EEA (found here)by providing a range of civil remedies for trade secret misappropriation. According to the DTSA, misappropriation includes the unauthorized use or disclosure...more

Seyfarth Shaw LLP

Bizarre Dispute Between AI-Biotech Startup and Former Executive Ends in Trade Secret TRO, For Now

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With a factual background that resembles a bad Hollywood script, the most recent chapter in the ongoing dispute between former co-founder of Trilobio, Keoni Gandall (defendant), and Trilobio and his two former partners and...more

Seyfarth Shaw LLP

No Non-Compete? Maybe not a problem as PepsiCo appears to be alive and well.

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In 2016, the Defend Trade Secret Act, 18 U.S.C. § 1836 (the “DTSA”), passed Congress and went into effect. At its heart, it effectively codified the Uniform Trade Secrets Act at the federal level, creating a federal cause of...more

Erise IP

What’s Trending in Trademarks, October 2024: T.I., Tiny Win $71.5M Verdict for OMG Girlz, Second Circuit Holds Against 1-800...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more

Morgan Lewis

Are US Intellectual Property–Based Sanctions Imminent?

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Though unutilized for the first 18 months of its life, a recent presidential delegation suggests that the administration may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act...more

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