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Intellectual Property Protection Preemption Trade Secrets

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

Seyfarth Shaw LLP

Recent Federal Court Ruling Refuses to Expand the Scope of Georgia Trade Secret Act’s Preemption Clause

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It is well established that the Georgia Trade Secret Act (“GTSA”) includes a preemption clause holding that the Act “supersede[s] conflicting tort, restitutionary, and other laws of this state providing civil remedies for...more

Dorsey & Whitney LLP

CBD Pain Cream Producer Feels the Pain from Dismissal of its Trade Secrets Claims for Lack of Misappropriation Evidence

Dorsey & Whitney LLP on

A federal magistrate judge in the United States District Court for the Southern District of Florida, in a trade secrets dispute involving CBD-based pain cream, recently granted summary judgment in favor of all but one...more

Hicks Johnson

A Guide to Texas Trade Secret Laws

Hicks Johnson on

What companies need to know as disputes grow larger, more frequent - Given the primacy of technology to the operation of the global economy, it should come as no surprise that jury awards in trade secret disputes are...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

Seyfarth Shaw LLP

5th Circuit Provides Guidance On The Scope Of Louisiana Uniform Trade Secrets Act’s Preemption Provision

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It is well known that courts interpreting their respective states’ versions of the Uniform Trade Secret Act (“UTSA”) have not uniformly applied UTSA’s preemption provision....more

Orrick - Trade Secrets Group

Excess Cargo? Shipping Common Law Claims Out of a Trade Secret Complaint

AFS, a company specializing in streamlining shipping costs and logistics, had its eight count amended complaint streamlined to only one—its Tennessee Uniform Trade Secrets Act (“TUSTA”) claim—primarily due to preemption and...more

Snell & Wilmer

Glimmers of Justice Gorsuch’s Prospective IP Jurisprudence

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On April 10, 2017, Neil Gorsuch was sworn in as the 113th justice of the Supreme Court, filling the vacancy left by Justice Antonin Scalia. While on the Tenth Circuit, Justice Gorsuch wrote opinions on complex trade secret,...more

Orrick - Trade Secrets Group

REDUCING RISKS: Court Finds Copyright Act Does Not Preempt State Trade Secret Claim

Over the years, it has proven difficult to fit software in any one category of IP protection. And while software’s ability to seemingly transcend patents, copyright, and trade secrets provides software developers and...more

Knobbe Martens

The Defend Trade Secrets Act of 2016 - New Federal Protection for Trade Secrets | Orange County Business Journal Intellectual...

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On May 11, 2016, the President signed into law the Defend Trade Secrets Act (DTSA). The DTSA significantly expands protection of intellectual property rights by creating a body of trade secrets law that applies nationwide and...more

Laner Muchin, Ltd.

President Obama Signs Federal Trade Secrets Bill

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On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating the first federal trade secrets law. Previously, employers protected trade secrets through filing claims brought under various...more

McDermott Will & Emery

Copyright Preemption Notwithstanding No Copyright Protection and No Copyright Claims - Spear Marketing, Inc. v. BancorpSouth Bank

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In a suit alleging trade secret theft of ideas related to a software program, the U.S. Court of Appeals for the Fifth Circuit affirmed both a lower court’s denial of remand to state court based on complete copyright...more

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