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Features

Avoiding Trade Secret Losses During Corporate Collaboration Image

Avoiding Trade Secret Losses During Corporate Collaboration

Felix Eyzaguirre & Katherine D. Prescott

Effective corporate collaborations — whether close customer relationships, supplier partnerships or formal joint ventures — demand that sensitive information be shared. Without proper agreements and well-defined boundaries, however, those corporate collaborations can lead to loss of trade secret protection and entangle the parties in litigation.

Columns & Departments

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IP News

Jeff Ginsberg & Matthew Weiss

Federal Circuit: Method of Preparation Claim is Patentable Federal Circuit: Same Party Cannot Join IPR Petitions under 35 U.S.C. §315(c)

Features

Attorney's Fees After Octane: More Chances for Defendants to Even the Playing Field Image

Attorney's Fees After Octane: More Chances for Defendants to Even the Playing Field

Rudy Y. Kim

With fewer restraints after Octane, district courts now have broader discretion to grant motions for attorney's fees. But understanding the circumstances under which exceptionality has been found is critical. Recent decisions by the Federal Circuit post-Octane provide some important guidance on when attorney's fees may be available under Section 285.

Features

Swedish Music Industry Views: Part Two Image

Swedish Music Industry Views: Part Two

Stan Soocher

Part Two of a Two Part Article This article discusses, among other things, the Swedish music industry perspective on the European Union's Copyright Directive, the growth of multi-country music licensing hubs and the impact of Brexit.

Features

Kozinski Angle In 9th Circuit's Led Zeppelin Ruling Image

Kozinski Angle In 9th Circuit's Led Zeppelin Ruling

Scott Graham

Defendants Led Zeppelin and its music labels were the winners in the copyright decision by the Ninth Circuit over the song "Stairway to Heaven." But the estate of songwriter Randy Wolfe (p/k/a California) wasn't the only one who got the short end. Among the collateral damage from the ruling was a 2002 precedent written by former Chief Judge Alex Kozinski that endorsed the so-called "inverse-ratio" rule.

Columns & Departments

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IP News

Shaleen J. Patel

VARA Lives On: A $6.75M Lesson on Respecting Moral Rights

Features

You Know What It Is: Taco Tuesday and the Failure-to-Function Doctrine In Trademark Law Image

You Know What It Is: Taco Tuesday and the Failure-to-Function Doctrine In Trademark Law

Brandon Leahy

The foundational requirement that a trademark function as a trademark has received little attention in the case law. More recently, however, there has been an apparent uptick in scrutiny of trademark use by the USPTO and TTAB, as well as fresh academic attention paid to the issue.

Features

Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive Image

Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive

Stan Soocher

This article is Part One of a two-part article This article examines the Copyright Directive and music-industry structure issues through the lens of Sweden, which has both a robust music business and a strong technology sector, two divergent perspectives in the development of the directive.

Columns & Departments

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IP News

Jeff Ginsberg

Northern District of Texas: Even Post-Berkheimer, Patent Claims Continue to be Ineligible for Patenting as a Matter of Law When They Are Not Drawn to Particular Technical Solutions or Advances Described in the Specification Federal Circuit: The PTAB Cannot Institute Inter Partes Review on Obviousness Grounds Not Included in the IPR Petition, But Can Consider Evidence of "General Knowledge" in the Art

Features

'Vanicorn' Lawsuit Filed over Pixar, Disney Film Image

'Vanicorn' Lawsuit Filed over Pixar, Disney Film

Scott Graham

A unicorn-loving tattoo artist alleges that Pixar and Disney have tricked her into letting them use her "Vanicorn" in the upcoming film Onward. Her suit accuses the companies of copyright infringement, and violations of state and federal laws protecting artwork.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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