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  • Article

    "Confidential" Information Protectable In The Sixth Circuit

    On November 17, 2015, the Sixth Circuit held in an unpublished opinion that "confidential" information that does not otherwise qualify as a trade secret may nevertheless be protected...
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Court Orders Patent Reassignment As Trade Secret Misappropriation Remedy In Insulet Case

    A federal court in Massachusetts has granted in part a motion for permanent injunction against defendants found liable for misappropriating trade secrets related to an insulin patch pump...
    United StatesIntellectual Property
    Jeffer Mangels & Mitchell LLP
    Jeffer Mangels & Mitchell LLP
Article

Daily Trade Secret Theft For Daily Fantasy Sports?

While season-long fantasy sports leagues have long been in existence, the emergence of daily fantasy sports ("DFS") has been relatively recent.
United StatesIntellectual Property
Seyfarth Shaw LLP
Seyfarth Shaw LLP
  • Article

    Demand Letters May Support Justiciable Controversy For An Employee

    Restrictive covenants such as non-compete and non-solicitation provisions are common tools to help protect trade secrets. Recently, a judge at the U.S. District Court for the Middle District of Florida recognized that an employer's demand letters seeking to enforce non-compete and non-solicitation provisions of an employment agreement may support a lawsuit challenging the validity of those provisions.
    United StatesIntellectual Property
    Holland & Knight
    Holland & Knight
  • Article

    Denied Injunction In White Label Dispute Highlights Challenges Of Establishing Irreparable Harm

    The Eighth Circuit's decision in Revenue Management Solutions v. Commerce Bank examines the challenges technology companies face when seeking injunctive relief for alleged misappropriation of white-labeled software products. The case explores how white-label licensing arrangements can complicate claims of irreparable harm, particularly when end users remain unaware of the original developer's identity and contractual pricing schedules make damages calculable.
    United StatesIntellectual Property
    Holland & Knight
    Holland & Knight
  • Article

    District Court Dismisses Trade Secrets Claim Lacking Explicit Expectation Of Privacy

    On February 20, 2025, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim for failing to identify explicit language establishing an expectation of privacy to the protected information.
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Does California's Ban On Non-Competes Apply To Business Agreements? The California Supreme Court May Weigh In Shortly.

    The Ninth Circuit recently certified a question to the California Supreme Court regarding the scope of California Business & Professions Code Section 16600.
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Does It Matter Where You File Your Trade Secrets Claim?

    Where a plaintiff files its trade-secret claim can impact its litigation strategy.
    United StatesIntellectual Property
    MoloLamken
    MoloLamken
  • Article

    Does Your 2014 "To Do" List Include Updating Your Company’s Trade Secret Protections?

    As you consider the tasks you did not quite finish in 2013 and look ahead to 2014, we recommend including on your to-do list a review of your company’s practices and procedures for protecting its valuable, proprietary information.
    United StatesIntellectual Property
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Draft Principles On Advanced Artificial Intelligence Signal Increased Efforts Toward Global Cooperation

    The United States Patent and Trademark Office, along with the U.S. Departments of State and Commerce, sought initial public comment this week on draft guidelines entitled "International Guiding Principles...
    United StatesIntellectual Property
    Jones Day
    Jones Day
  • Article

    Early Returns (Part 2 Of 3): The DTSA Lifts Off

    We've been tracking the development of the Defend Trade Secrets Act ("DTSA") for a while on TSW. It was only last month that President Obama signed the dotted line, and the DTSA became law.
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Even Bambi Is A Trade Secret: Eastern District Of Texas Finds That Lineage And Genetic Information Of Deer Are Trade Secrets, Grants Preliminary Injunction

    As surprising as it may be to city dwellers, the deer farming industry generates $3 billion per year for the U.S. economy.
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Federal Circuit Finds No Bar to TTAB Opposition After Final Decision in District Court Infringement Action

    Noting the many important distinctions between trademark infringement actions and trademark oppositions, the U.S. Court of Appeals for the Federal Circuit has held that failure in one does not automatically preclude pursuing the other.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Federal Circuit Holds Pleading‑Level Knowledge Triggers DTSA Statute Of Limitations

    The Federal Circuit's recent decision in Insulet Corp. v. EOFlow addresses a critical question in trade secret litigation: when does the statute of limitations begin to run under the Defend Trade Secrets Act? The court's application of an access-plus-similarity framework and its treatment of multiple related trade secrets as a single claim for limitations purposes has significant implications for how companies must monitor and respond to potential misappropriation.
    United StatesIntellectual Property
    A&O Shearman
    A&O Shearman
  • Article

    Federal Copyright Law Does Not Preempt Trade Secret Claim

    The jury found that Software misappropriated GlobeRanger's trade secrets and awarded $15 million in compensatory damages.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Fee Shifting In Trade Secrets Cases

    So, what’s "bad faith" sufficient to trigger the fee shift?
    United StatesIntellectual Property
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Fifth Circuit Joins Majority On Scope Of Copyright Preemption

    Spear Marketing, Inc. ("SMI") licensed its cash management software VaultWorks to BancorpSouth Bank ("BancorpSouth") from 2002-2012.
    United StatesIntellectual Property
    Hunton Andrews Kurth LLP
    Hunton Andrews Kurth LLP
  • Article

    Fifth Circuit Upholds Copyright Preemption Of Trade Secret-Related Claims

    Situations abound in which a defendant has been sued in state court, and wants to get to federal court.
    United StatesIntellectual Property
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Financial Gain Not Required To Prevail In Trade Secret Theft Claim

    Pu appealed the district court's decision.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    For Here Or To Go? Senators Introduce Bill To Ban Noncompete Agreements, Increase Mobility For Sandwich Makers And Other Low-Wage Workers

    The bill defines "low-wage employees" as hourly employees making less than $15 per hour or the applicable state or local minimum wage, whichever is greater, or salaried employees making $31,200 per year or less.
    United StatesIntellectual Property
    Orrick
    Orrick
  • Showing 841–860 of 3352 results

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