News & Analysis as of

Patents Defend Trade Secrets Act (DTSA) Misappropriation

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

Sheppard Mullin Richter & Hampton LLP

The Rise of Trade Secret Litigation

Legal regimes are shifting, including in the intellectual property world as businesses increasingly seek the protection of trade secrets rather than patents to secure their confidential information. When the Defend Trade...more

Lathrop GPM

Federal Circuit Reverses Preliminary Injunction for Trade Secret Misappropriation

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In a rare Federal Circuit decision under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq., the court reversed the grant of a preliminary injunction by the U.S. District Court for the District of Massachusetts. ...more

Fox Rothschild LLP

Trade Secret Litigation: What You Need to Know

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In today’s highly competitive business environment, it is crucial for a company to safeguard its intellectual property to maintain a competitive edge and ensure long-term success. But what is the best way to do that? ...more

Axinn, Veltrop & Harkrider LLP

Preliminarily Enjoin Alleged Trade Secret Misappropriation Without Addressing A Time Bar Defense under the DTSA?

A trade secret owner must file a civil action under the Defend Trade Secrets Act (“DTSA”) within three years of when the alleged trade secret misappropriation “is discovered or by the exercise of reasonable diligence should...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Pros And Cons Of Protecting AI As Trade Secrets

Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more

Axinn, Veltrop & Harkrider LLP

Trade Secrets, ET, and the ITC

The U.S. International Trade Commission (ITC) has broad power to issue exclusion orders blocking the importation of goods determined to have infringed or misappropriated complainants' IP rights. Moreover, the ITC’s in rem...more

Holland & Knight LLP

Commercializing Your Startup's Big Secret Without Losing Its Value

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Congratulations! Your startup is developing a revolutionary product or service that has the potential to transform an industry. Whatever the nature of that new product or service, at its core is an innovation – perhaps an...more

Fish & Richardson

Strategic IP Considerations of Batteries and Energy Storage Solutions

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The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more

Seyfarth Shaw LLP

Ninth Circuit Recognizes Continued Use Doctrine under the DTSA, but Confirms that Patent Publication Precludes Claim

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Seyfarth Synopsis: In a case of first impression, the Ninth Circuit held that the continued use doctrine is available under the DTSA, and the court permitted a plaintiff to raise a DTSA claim for misappropriation of trade...more

McDermott Will & Emery

How Not to Build a Case of Trade Secret Misappropriation

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The US Court of Appeals for the Ninth Circuit affirmed a dismissal of trade secret claims, finding that although misappropriation of a trade secret prior to the enactment of the Defend Trade Secrets Act (DTSA) does not...more

Sheppard Mullin Richter & Hampton LLP

Why Patents Can Matter In Trade Secret Cases

Why should companies considering trade secret litigation consider their patent portfolios? After all, trade secrets, by definition, are secret. They have value in the marketplace by virtue of not being disclosed. And like the...more

Jones Day

JONES DAY PRESENTS®: Trade Secret vs. Patent Litigation

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To launch our video series on trade secret protection, Jones Day Intellectual Property partner Randy Kay explains how trade secret misappropriation cases differ from patent disputes. Strategic issues discussed include trade...more

Jones Day

Year-End Review of Key Trade Secret Decisions

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A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. Due in...more

Seyfarth Shaw LLP

Louisiana Federal Court Rules Information in Patent Application Remains Actionable Trade Secret Under DTSA

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The United States District Court for the Eastern District of Louisiana recently held that, under the Defend Trade Secrets Act, 18 U.S.C. § 1836, et seq., information included in a patent application remains an actionable...more

Fenwick & West LLP

A Patent Application Does Not Bar a DTSA Claim Update

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In Cajun Services Unlimited, LLC v. Benton Energy Service Company, the U.S. District Court for the Eastern District of Louisiana denied a motion for summary judgment and held that material in a patent application can remain...more

Neal, Gerber & Eisenberg LLP

NGE IP Focus: Manufacturing

In this issue, we focus on the manufacturing industry, highlighting some recent legal decisions that illustrate the depth and breadth of legal issues encountered in the field. As these cases will show, automation creates...more

Fenwick & West LLP

Federal Circuit Panel Holds Trade Secret Disgorgement of Profits Must Be Awarded by Judge, Not Jury

Fenwick & West LLP on

In Texas Advanced Optoelectronic Solutions v. Renesas Electronics America, the Federal Circuit held that there is no right to a jury for determining disgorgement of profits for trade secret misappropriation under Texas common...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

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In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

Foley & Lardner LLP on

Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Mintz - Intellectual Property Viewpoints

International Trade Commission Becomes Even More Potent Venue for Victims of Trade Secret Misappropriation

Speed is almost always of the essence for the victim of trade secret misappropriation. Many companies ground their business in proprietary information that, if made public, would make the exclusive product or service those...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Rise of Trade Secret Litigation in the Digital Age

U.S. courts have recognized trade secret protection for more than 200 years, and companies have long relied on trade secrets to guard iconic intellectual property, such as the ingredients for Coca-Cola and the Big Mac’s...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2017

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In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 3

The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations? - On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation –...more

Seyfarth Shaw LLP

California Federal Court Finds CUTSA Preemption on Unfair Competition Claim in Uber Row

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Uber’s ongoing battle with Waymo in the Northern District of California federal court over technology used in self-driving cars provided another significant decision concerning the broad scope of trade secret preemption under...more

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