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To combat the growing concerns surrounding trade secret theft, Congress passed the Economic Espionage Act of 1996 (EEA), Pub. L. 104–294, 110 Stat. 3488, codified as amended at 18 U.S.C. §§1831-1839, creating for the first time a cohesive federal framework for criminally prosecuting trade secret theft. The EEA, however, did not provide private citizens the right to initiate civil proceedings against trade secret misappropriation. See, 110 Stat. 3490 (providing the Attorney General may bring civil actions to enjoin EEA violations).
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By Christopher P. Bussert
Many trademark practitioners have noted the USPTO’s recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure-to-function refusals going forward.
By Jeffrey A. Pade and Anand B. Patel
Part Two of a Three-Part Series
Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft.
By Jeff Ginsberg and George Soussou
Federal Circuit: No Patent Term Adjustments When Claims Change
Federal Circuit: Proceeding Need Not Be Terminated Upon Request
By George Chen, Cory Smith and Ryan Fitzpatrick
Practitioners and non-practitioners that are associated with the examination of patents and patent applications should be vigilant about information that may be material to patentability to avoid having an issued patent be deemed unenforceable.