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The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.
*May exclude premium content
By Kyle-Beth Hilfer
The SharkNinja case as well as other well-established precedents serve as powerful reminders to advertisers of certain best-practices in choosing their trademarks or evaluating whether to challenge their competitors’ trademarks.
By Mark D. Simpson and Paul Leicht
Patents can provide the broadest and strongest form of protection in the video game field. They can protect the methods and processes performed by the game software, and they can protect the hardware components of the game system, both in function and aesthetic design.
By Doug Bania
Internet tools are becoming more sophisticated in measuring the impact of online disparaging and defamatory statements, paving the way for affected business owners and celebrities to fight back by filing defamation suits seeking to recover damages for the harm to their reputation and brand value.
By Jeff Ginsberg and George Soussou
Federal Circuit: Case Belongs In the Northern District of California, Not Western District of Texas
Federal Circuit: Arbitration Clause Did Not Prevent Institution of IPR Petitions