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Trade Secrets Software Developers

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 -
Wiley Rein LLP

CAFC Releases Decision Addressing CBCA’s Jurisdiction over Software Developers Claiming to be Parties to a Procurement Contract

Wiley Rein LLP on

In Avue Technologies Corporation v. Secretary of Health and Human Services, Administrator of the General Services Administration (Case No. 22-1784), the United States Court of Appeals for the Federal Circuit vacated the...more

Troutman Pepper

Software Developer Wins Preliminary Injunction Against the U.S. Navy in Trade Secrets Act Case

Troutman Pepper on

We recently about the seeking preliminary relief under the Rocket Docket’s procedures. A recent decision from Judge Alston in the Alexandria Division is a good example of the speed in which the court acts in the context of...more

ArentFox Schiff

Litigating Spoliation Claims in Trade Secret Cases: Recent Trends Toward Terminating Sanctions

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In a previous article, Litigating Spoliation Claims in Trade Secret Cases, we discussed the rise of spoliation in trade secret and restrictive covenant cases. In that article, we provided background on trade secret laws and...more

Kidon IP

Legal Protection for the Software Arts — Part 9

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A widely used method of software protection is through trade secret law under the Economic Espionage Act (EEA) (18 U.S.C. §§ 1831-1839), which was enacted in 1996 and significantly amended on May 11, 2016, by the Defend Trade...more

AEON Law

Patent Poetry: Jury Awards $2 Billion in Trade Secret Theft Case

AEON Law on

A jury in Virginia has awarded software company Appian Corp. more than $2 billion in damages, finding that its competitor, Pegasystems Inc., had stolen its trade secrets. As Reuters reported, Appian, based in McLean,...more

Holland & Knight LLP

Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret?

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A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff...more

Kidon IP

Legal Protection for the Software Arts — Part 1

Kidon IP on

Software has an outsized role in the economy contributing over a trillion dollars to the value of the US gross domestic product. Proprietary software represents a significant portion of that value and can be among a...more

Holland & Knight LLP

Texas Trade Secret Case Reminds of Risk Associated with Not Supplementing Rule 26 Disclosures

Holland & Knight LLP on

ResMan LLC (ResMan) sued Karya Property Management LLC (Karya) and Scarlet Infotech Inc. d/b/a/ Expedien Inc. (Expedien), in federal court in Texas alleging misuse of the "ResMan Platform," a property management software...more

Mintz - Intellectual Property Viewpoints

Danger on the Horizon: Detecting Early Signs of Trade Secret Theft by Competitors

Trade secrets are typically associated with a company’s most profitable products and services, and maintaining control of critical confidential information is often essential to a company’s revenue stream and continued...more

McDermott Will & Emery

Turbulence on Breach of Employment Agreement, Trade Secret Misappropriation

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Addressing a bench trial decision concerning a former employee’s retention of confidential information and violation of a non-compete provision, the US Court of Appeals for the Fourth Circuit found no abandonment of the...more

Holland & Knight LLP

Injunctive Relief Denied in Trade Secret Theft Case - Identifying Combination Trade Secrets Require Sufficient Details Describing...

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Chief Judge Frank P. Geraci, of the Western District of New York, recently denied a temporary restraining order and preliminary injunction sought by irth Solutions, LLC (irth Solutions) to protect the "unique combination"...more

Holland & Knight LLP

HR Toolkit Series, Part 4 - Protecting Proprietary Information and Trade Secrets

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In a recent Holland & Knight webinar, Partners Kara Ariail, Brandon Elledge, and Terry Elling discussed trade secrets and related issues affecting government contractors when employees are hired or leave. In case you missed...more

Snell & Wilmer

Copying or Reverse Engineering Functional Technology

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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

Fisher Phillips

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

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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

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Orrick - Trade Secrets Group

PUT YOUR DOCS WHERE I CAN SEE THEM: Seattle Police Enjoined From Disclosing Software Secrets in Public Records Act Dispute

What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...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

Cadwalader, Wickersham & Taft LLP

The Defend Trade Secrets Act: Significant Recent Changes to Intellectual Property Law May Provide New Avenues for Protecting...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), marking one of largest changes to intellectual property law since the America Invents Act of 2011. This legislation will allow companies...more

BakerHostetler

Epic Verdict in Trade Secrets Case

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Last week, a federal jury in Wisconsin awarded almost $1 billion to Epic Systems Corporation in its trade secrets case against Indian consulting company Tata Consulting Services, Ltd., and its American unit, Tata America...more

Orrick - Trade Secrets Group

The Duty of Loyalty Awakens

If you’re a Star Wars fan, loyalty probably means waiting ten years for “The Force Awakens.” (Or even longer if you prefer not to count Episodes I-III). For an employee looking to leave her current employer, however, loyalty...more

Seyfarth Shaw LLP

Trade Secrets or Patents – Why Software Presents No “One Size Fits All” Solution

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There are many ways to obtain intellectual property protection for software creations. Many keep the software code confidential and maintain the software as a trade secret....more

McDermott Will & Emery

The Upcoming Implementation of the Italian Patent Box Regime

Several press articles in recent weeks have anticipated the upcoming enactment of the Ministerial Decree which will eventually implement the Italian Patent Box regime. The Ministry of Economics and Finance announced on 29...more

Robins Kaplan LLP

7 Mistakes Every Startup Should Avoid To Protect IP

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Startups are justifiably focused on developing the next big idea, getting that idea to market and ensuring the company has enough financial runway to make it all happen. Missteps in protecting the startup’s intellectual...more

McCarter & English, LLP

Things You Can’t Un-See … Such As Trade Secrets

A federal appeals court has ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. This ruling reinforces the...more

Orrick - Trade Secrets Group

First Foreign Hacker Is Convicted In The United States Of Hacking Crimes Involving Theft Of Trade Secrets From American Companies

A 22-year-old Canadian hacker has been sentenced to federal prison by a Delaware court for engaging in a conspiracy to break into the computer networks of several large gaming companies, to steal trade secret and other...more

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