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Trade Secrets

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -

Defend Trade Secrets Act First: Claim Tossed Based On Whistleblower Immunity

by Seyfarth Shaw LLP on

In what appears to be a first under the Defend Trade Secrets Act (“DTSA”), a United States District Judge has thrown out claims against an alleged trade secret thief on the basis of the DTSA’s immunity for confidential...more

North Carolina Supreme Court Requires Specific Pleadings for Trade Secret Claim

Like most states, the North Carolina Trade Secrets Protection Act prohibits individuals or businesses from misappropriating or misusing certain confidential business information belonging to someone else. However, not all...more

Seedy Business: Chinese Scientist Sentenced to Ten Years for Stealing Proprietary Rice Seeds

In 2013, U.S. Customs and Border Protection agents caught researchers attempting to smuggle a $75 million trade secret from the United States to China. ...more

Federal Court Dismisses CFAA Claims Against Former Executive, Allows CFAA and DTSA Claims Against Competitor in Pharmaceuticals...

by Seyfarth Shaw LLP on

A recent decision from the Eastern District of Pennsylvania reinforces the importance of the timing of purported misconduct in alleged violations of the Computer Fraud and Abuse Act (CFAA) and Defend Trade Secrets Act (DTSA)....more

IP In The Boardroom: When Does The Board Receive Warning?

Intellectual property can present operational risks - knowledge and protocols can help. While keeping boards apprised of developing risks that materially threaten company operations, are you considering operational risks...more

Enforce Your Intellectual Property or Risk Losing It

by Varnum LLP on

As a startup or early stage company, you have many things to focus on – growing your sales, revenue, cash flow, and creating meaningful profits. Protecting and enforcing your intellectual property (IP) is most likely not your...more

China professionalises its IP judiciary: 15 specialised IP Tribunals now open for business

by Hogan Lovells on

Since November 2014, when the first IP courts were set up in Beijing, Shanghai and Guangzhou, China has been rapidly setting up new specialised IP tribunals throughout its vast hinterland. ...more

Don’t Worry, Your Secret is Safe With Me

by Fisher Phillips on

Many defendants attempt to defend claims for trade secret misappropriation by claiming that they never used or disclosed the information in question. Based on a recent ruling by a federal district court in New York, however,...more

All's Fair in Love and Litigation: The Intellectual Property War of Bumble and Tinder

Last month Match Group, which owns Tinder (as well as OkCupid, Match.com and Plenty of Fish) filed suit against Bumble alleging patent infringement, trademark infringement, and misappropriation of trade secrets. See Match...more

How To Protect Your Clients’ IP

by Weintraub Tobin on

A business’s intellectual property may be its most valuable asset. Whether it is biotechnology, trade names, business methods, or computer software, intellectual property should be protected to the greatest extent possible...more

Match Holds Bumble To The Fire; Bumble Stings Back

It’s a date! Or a dating app, at least. Texas courts are ablaze with competing allegations from online dating companies Match and Bumble that each has misappropriated the other’s trade secrets. Swipe right (or up) to learn...more

IP Strategies For Next-Generation Cybersecurity Technologies

by Fox Rothschild LLP on

The growing cybersecurity technology industry has quickly become one of the most important industries in the world today. With products that are critical to businesses in countless fields, including finance, healthcare,...more

The Defend Trade Secrets Act: Five Key Lessons

by Pierce Atwood LLP on

Courts will refuse to grant trade secret protection under the Defend Trade Secret Act (DTSA) when an employer has not taken certain basic precautions to create and maintain the secrecy of the subject information. ...more

Pennsylvania Federal Court Explores the Contours of the DTSA

by Polsinelli on

Recently, the U.S. District Court for the Eastern District of Pennsylvania determined a former employee did not violate the Defend Trade Secrets Act (“DTSA”) where she disclosed confidential information of her former employer...more

Trade Secret Protection V. Patent Protection: A Risk-Reward Decision That Can Have Major Implications

by Fox Rothschild LLP on

There is much confusion in the public about the difference between a trade secret and a patent. Both are associated with innovation, and each constitute a business asset that should be vigorously protected. ...more

March 2018: ITC Litigation Update

ITC Determination on Trade Secret Misappropriation Preclusive in District Court. In a case of first impression, the United States District Court for the Eastern District of Wisconsin confirmed what many practitioners already...more

Texas Supreme Court Declines To Take Up Case Requesting That A Plaintiff Describe The Elements Of Any Trade Secret Process That It...

by Seyfarth Shaw LLP on

Late last week, the Texas Supreme Court denied a petition for mandamus in which the petitioner sought an order compelling a plaintiff to identify the specific trade secrets it contends were misappropriated, bucking what...more

District Court Grants Protection under DTSA Whistleblower Immunity for First Time

The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute....more

Intellectual Property Bulletin - Spring 2018

by Fenwick & West LLP on

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

Polish anti-bribery laws - revolutionary changes

by Hogan Lovells on

The function of this client alert is to inform you that the Polish anti-bribery law is shortly expected to be thoroughly amended. The changes will, not only concern public entities, but will also have a fundamental impact on...more

Business Litigation Report - March 2018

Opioids and Guns: Claims of Public Nuisance – Who May Be Liable - Two issues of importance to product liability lawyers—and indeed the public at large—have dominated recent news cycles: the opioid abuse crisis and the...more

Why Your Company Should Be Using Email Enterprise Vaults, Anti-Deletion Programming and Key Stroke Surveillance Software in the...

by Fisher Phillips on

Twenty-five years ago most companies’ greatest fear of espionage was employee theft at the photocopy machine at 2 in the morning. The company playbook could not be forwarded in an email or put on a thumb drive in a matter of...more

Home Remedies For Politically Charged IP Theft

In January of this year, Chinese wind turbine manufacturer Sinovel Wind Group Co. Ltd. was convicted of stealing trade secrets from U.S. company AMSC Inc. ...more

The Valuation Of Trade Secrets

by Seyfarth Shaw LLP on

Any business professor will tell you that the value of companies has been shifting markedly from tangible assets, “bricks and mortar,” to intangible assets like intellectual property (IP) in recent years....more

California Supreme Court Will Hear Arguments This Week in Defamation Case With Implications for Online Publishers, Trade Secrets...

On Tuesday, April 3, the California Supreme Court will hear arguments in Hassel v. Bird.  Case No. S235968.  While seemingly a defamation case, it has direct implications on trade secrets owners and the rights of internet...more

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