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Patents Misappropriation Intellectual Property Litigation

Alston & Bird

Intellectual Property Litigation Newsletter | May 2025

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Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn that belated statements are not relevant but litigation funding...more

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

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

McDermott Will & Emery

Noncompulsory Counterclaims Don’t Confer Appellate Jurisdiction

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The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally asserted patents. Teradata...more

Holland & Knight LLP

Seventh Circuit Opinion Reminds of Need to Identify Trade Secrets with Particularity

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Actuators are remotely operated mechanized devices used in a variety of applications, such as opening and closing valves. They are often operated hydraulically, which requires them to have their own valves. Maintaining the...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

Fisher Phillips

Have Your Cake and Eat It Too: Trade Secret Litigation Offers Creative Additional Option for Employers Asserting Patent...

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When most companies think about how to protect their proprietary information and inventions, the first (and most obvious) option is to file for patent protection. However, as recent court cases make clear, trade secret law...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

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in Spain

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Spain's Trade Secrets Law, enacted in early 2019, is expected to bring about significant changes to the country's business environment. Partner Marta Delgado Echevarría talks about the new protections in place for trade...more

Knobbe Martens

Strategies for Protecting Intellectual Property (IP) on a Reduced Budget

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Shutdown orders due to the COVID-19 virus pandemic have created economic disruption, causing companies to scale back on intellectual property (IP) expense. This creates an opportunity to move ahead of the competition. This is...more

Seyfarth Shaw LLP

California Appellate Court Rules Publication of Trade Secrets, Even Without Owner Consent, Eviscerates Protection

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It is axiomatic that in order for information to be considered a trade secret, it must have been kept secret. But what if the trade secret is disclosed without the owner’s consent? Such was the issue in Intellisoft, Ltd. v....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

Verrill

Pursuing Business in China? Continue to Proceed with Caution

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In the continuous “chess game” between China and the United States regarding matters of trade, President Xi Jinping has made the latest move allowing intellectual property (“IP”) rights cases to be taken to China’s Supreme...more

Seyfarth Shaw LLP

Belt And Suspenders: Recent Federal Circuit Case Highlights Importance Of Using Trade Secret And Patent Protections For IP

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Many companies assume that they need to choose between patent protections or trade secret protections for their intellectual property, thereby foregoing an important tool in their arsenal to protect key company assets....more

Shook, Hardy & Bacon L.L.P.

ScaleMP Looks To Turn The Tide against Competitor TidalScale With Patent Infringement And Trade Secret Misappropriation Case On...

ScaleMP, an industry leader in virtualization for in-memory high-end computing founded in 2003, recently filed a patent infringement complaint against relative newcomer TidalScale along with a trade secret misappropriation...more

Fenwick & West LLP

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

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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

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2018

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Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | March 2018 #2

US, EU Near Agreement on Shellfish Trade - The U.S. Food and Drug Administration (FDA) has proposed to allow the import of raw bivalve molluscan shellfish—including clams, mussels, oysters and scallops—harvested in the...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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