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The Intellectual Property Strategist
Trade Secrets Management In Taiwan
Chia-Yun Lu and Jeffrey A. Pade
Recognizing the value of trade secrets, many countries have successively enacted and amended laws to strengthen the protection of corporate trade secrets.
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The Intellectual Property Strategist
Criminal Considerations and Federal Authorities In Trade Secrets Disputes
Jeffrey A. Pade and Anand B. Patel
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. Part Three concludes the series with a look at the potential consequences in approaching federal authorities on trade secrets theft.
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The Intellectual Property Strategist
Criminal Considerations and Federal Authorities In Trade Secrets Disputes
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.
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The Intellectual Property Strategist
Criminal Considerations In Trade Secrets Disputes
Jeffrey A. Pade and Anand B. Patel
Part One of a Three-Part Series
When the international theft of U.S. trade secrets escalated and became a higher priority for domestic entities, trade secrets owners faced difficult challenges in collecting evidence, pursuing civil actions against overseas actors, and successfully obtaining worthwhile and meaningful relief from civil actions alone. These challenges ultimately resulted in increased referrals, investigations, and prosecutions of trade secrets theft under the EEA by federal authorities.
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The Intellectual Property Strategist
Choosing Between Trade Secret and Patent Protection: A Primer for Businesses
Darren M. Franklin
When deciding whether to apply for patent protection on an innovation or whether to keep the innovation confidential as a company trade secret, there are many considerations that a business must take into account stemming from the different characteristics of each.
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The Intellectual Property Strategist
Ninth Circuit Issues Decision on Trade Secret Injunctive Relief
John Lanham and Nishi Tavernier
Earlier this year, the Ninth Circuit issued a decision affirming a district court’s denial of an injunction following a finding of trade secret misappropriation. While the opinion is designated as unpublished — and therefore not precedential — the panel’s reasoning sheds light on an important issue in trade secrets remedies.
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Entertainment Law & Finance
FL Appeal Court’s Memorabilia Trade Secrets Decision
Jasmine Floyd
Here’s how attorneys unraveled the truth behind an entertainment-and-sports memorabilia trade secrets case that saw the lawyers uncover crucial details during discovery.
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The Intellectual Property Strategist
Avoiding Trade Secret Losses During Corporate Collaboration
Felix Eyzaguirre and 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.
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The Intellectual Property Strategist
Seeing Green: Protecting Brands In the Cannabis Industry
David S. Gold
Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.
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The Intellectual Property Strategist
The DTSA’s Jurisdictional Nexus, Three Years In
Conor Tucker
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.
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The Intellectual Property Strategist
When Alice Leaves Software in Wonderland: Review the Terms of Use
Veronica Mullally Munoz
That least-read contract — the Terms of Use — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services.
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Business Crimes Bulletin
U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise
Phillip Bantz
The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.
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The Intellectual Property Strategist
U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise
Phillip Bantz
The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.
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The Intellectual Property Strategist
Alleging the Existence of a Trade Secret in a Misappropriation Case
Daniel R. Saeedi
The Detail Dilemma
How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court’s viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Cryptocollectible Concept Denied Trade Secret Protection
Jefferson Starship Co-Founder Loses Anti-SLAPP Motion Against Current Members of Band
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Entertainment Law & Finance
Plot Thickens for Dispute over 'Star Wars'-Related Card Game App
Ross Todd
In a lawsuit over rights to a card game with a pivotal role in the Star Wars saga, Lucasfilm Ltd. won an early battle against app maker Ren Ventures Ltd. when a federal district judge in San Francisco declined to dismiss Lucasfilm’s claims based on Ren Ventures’ use of various trademarks, primarily centered on the game Sabacc.
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The Intellectual Property Strategist
How Ticket Software Lost Trade Secret Protection
Richard Raysman and Peter Brown
Trade secret protection applies only to confidential information. In almost all circumstances, broadcasting to the world the intricate details and applications of a trade secret extinguishes whatever “property right” an entertainment industry holder once possessed. What is a sufficient method of contractually notifying a software user of the trade secret status of certain information is a closer question.
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Entertainment Law & Finance
How Ticket Software Lost Trade Secret Protection
Richard Raysman and Peter Brown
According to a recent case from the U.S. District Court for the Southern District of New York involving live-event ticket sales, a purported holder of a trade secret cannot omit a confidentiality provision from its terms of use and then claim trade secret status afterward.
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The Intellectual Property Strategist
Takeaways from the Swift End to Waymo v. Uber
Ross Todd
The details might not be quite as dramatic as they were in Waymo v. Uber, but lawyers expect trade secrets to continue to be a fertile source for litigation.
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Entertainment Law & Finance
An IP Protection Primer for Entertainment Tech Startups
Dr. Dariush Adli
The tech-heavy entertainment industry is an active field for tech startup companies developing potential patents and trade secrets. But many cash conscious startups are forced to initially neglect protection planning for these intellectual property assets, instead allocating scarce resources to set up and initial operation costs. This article suggests some practical and economical steps for startups, especially those with tight finances, to protect what may become valuable patents and trade secrets.
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Entertainment Law & Finance
Date Approaches for Start of EU Trade Secrets Directive
Jonathan S. Cohen
In 2016, concerns about protecting trade secrets in the European Union resulted in Directive (EU) 2016/943 of the European Parliament and of the Council of June 8, 2016. Directive (EU) 2016/943, which will impact the entertainment industry, seeks to protect undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.
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The Corporate Counselor
Preventing Insider Trading at Biopharma Companies
Scott R. Jones
Biopharma companies and their insiders often possess material, nonpublic information. And since company equity usually makes up a large part of insiders' compensation, legal issues arise when they have access to such information and want to trade their equity.
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The Intellectual Property Strategist
Protecting Product Packaging and Product Configuration
Marcus S. Harris
Registering and protecting product designs is challenging. Preliminarily, trade dress cannot be registered or protected as a trademark if it is functional — if it is “essential to the use or purpose of the article or it affects the cost or quality of the article.”
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The Intellectual Property Strategist
Trade Secrets Litigation: The No-Longer-Forgotten Part of the Tech IP Arsenal
Zach Warren
With Massive Jury Rewards and the DTSA Encouraging Federal Litigation, Trade Secrets Litigation Is Seeing a Surge in the Tech Industry
These days, many of the big IP litigation battles involving companies like Facebook, Uber, and Epic, have nothing to do with patents, trademarks or copyrights at all. Instead, it's all about the perhaps forgotten part of IP: trade secrets.
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Entertainment Law & Finance
Entertainment Industry: Take Note Of Surge in Trade Secrets Litigation
Zach Warren
Intellectual property battles in technology, including in the entertainment industry, are nothing new, but their nature might be shifting. These days, many of the big IP litigation battles have nothing to do with patents, trademarks or copyrights. Instead, it's all about trade secrets.
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The Intellectual Property Strategist
Emerging Issues In the DTSA's Second Year
Robert B. Milligan and D. Joshua Salinas
One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.
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Employment Law Strategist
Trade Secrets and Whistleblower Disclosures
Philip M. Berkowitz
A national bank client calls you and says that an internal auditor employee, who has signed stringent confidentiality and non-disclosure agreements, has…
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Entertainment Law & Finance
Seizure Issues To Consider in Federal Trade Secrets Act
Christopher Cox and Bambo Obaro
Both before and after the passage of the Defend Trade Secrets Act (DTSA) in May 2016, which created a federal civil cause of action for trade secrets misappropriation, much ink was spilled over the controversial “seizure” provision.
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