Although the US Court of Appeals for the Federal Circuit upheld a damages award for trade secret misappropriation and breach of a confidentiality agreement, it found that the district court erred in its determination of when...more
Two recent decisions by the U.S. Court of Appeals for the Third Circuit shed light on several recurrent issues that arise in trade secret litigation under the federal Defend Trade Secrets Act (DTSA) and related state acts....more
What is reverse engineering? Reverse engineering refers to the process of working backward from an available product to understand what its parts are, how it functions and/or how it was made. The Texas Uniform Trade Secret...more
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
Licensors of software typically utilize software license agreements providing for their ownership of the licensed software and related IP, as well as restrictions barring licensees from reverse engineering the code at issue....more
Before copying or reverse engineering a functional product or process analyze each of the issues below. It is best to consult an experienced patent attorney during this analysis. I. Is there a Contract Preventing the Use...more