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  • Article

    Defendant And His Companies Ordered To Pay Over $2 Million In A Theft Of Trade Secrets Case

    On September 23, 2019, Colorado District Judge Christine M. Arguello found Thomas Kutrubes and his companies, Peak Serum, Inc. and Peak Serum, LLC, liable for federal trademark infringement ...
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Defendant Did Not Prevail Under Texas Statute Where Case Was Decided Under California Law

    Despite affirming the ruling in favor of Indigo, the Court nonetheless affirmed the district court and denied Indigo's request for attorneys' fees under the TTLA.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    DTSA Does Not Create A Private Civil Cause Of Action For Conspiracy To Commit Trade Secret Theft

    The Eastern District of Virginia rejected this reasoning.
    United StatesIntellectual Property
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Export Of Seeds Protected By Plant Breeder's Rights: Despite Countries Enhancing Regulations, Foreign Certificates Provide More Comprehensive Protection

    Shine Muscat grapes are a premium grape variety originally developed in Japan. They are particularly desirable because they are large, seedless, and have a high sugar content.
    United StatesIntellectual Property
    McKee, Voorhees and Sease
    McKee, Voorhees and Sease
  • Article

    Federal Defend Trade Secrets Act Imposes New Notice Obligations On Employers

    On April 27, 2016, Congress passed the Defend Trade Secrets Act of 2016 ("DTSA"), which was signed into law by President Obama on May 11.
    United StatesIntellectual Property
    Jones Day
    Jones Day
  • Article

    Federal Defend Trade Secrets Act Necessitates Changes To Form Employment Agreements

    Following passage by the House of Representatives on April 27, 2016, President Obama is expected to sign the Defend Trade Secrets Act of 2016 into law any day.
    United StatesIntellectual Property
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Federal Judge Confirms That Federal Trade Secret Statute Applies To Misappropriation That Occurs Overseas

    With the overseas application of the DTSA confirmed, companies would be wise to consider circumstances that might give rise to the DTSA's application in this context.
    United StatesIntellectual Property
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Federal Precedents Under The DTSA Have Arrived

    While the Defend Trade Secrets Act of 2016 has only been in effect for a few months, the first wave of cases raising DTSA claims have started to generate federal decisions. In what appears to be the first substantive ruling...
    United StatesIntellectual Property
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Gyms, Romance, And Reality TV: Rethinking What Qualifies As Trade Secret Theft

    When you think of gyms, romance, and reality TV, what’s most likely to come to mind is an episode of Jersey Shore — not a lawsuit for trade secret misappropriation.
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Injunctive Relief Denied In Trade Secret Theft Case

    Chief Judge Frank P. Geraci, of the Western District of New York, recently denied a temporary restraining order and preliminary injunction sought by irth Solutions, LLC to protect the "unique combination" trade secret...
    United StatesIntellectual Property
    Holland & Knight
    Holland & Knight
  • Article

    Ixchel v. Biogen: California B2B Noncompetes Do Not Violate B&P Section 16600, And Are Instead Subject To Rule Of Reason

    Business-to-business contracts often concern trade secrets. Contracts such as NDAs, joint development agreements, license agreements, vendor agreements, and other commercial agreements commonly
    United StatesIntellectual Property
    Sheppard
    Sheppard
  • Article

    New Revised USMCA Trade Deal Affects Intellectual Property Rights, But Not Exclusivity Period For Biologics

    On December 10, 2019, an agreement was reached between the United States, Mexico, and Canada on amendments to the U.S.-Mexico-Canada Agreement ("USMCA").
    United StatesIntellectual Property
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    No Good Deed Goes Unpunished: Return To Work May Mean Reduced Protections For Trade Secrets And Customer Goodwill

    Tens of millions of employees have been laid off or furloughed as a result of the COVID-19 pandemic. Now that the reopening process has begun in most states, many of those employees...
    United StatesIntellectual Property
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    On Your Way Out The Door, Keep Your Hands In Your Pockets

    Time and again, employees find themselves in litigation over their former employers' confidential information or trade secrets.
    United StatesIntellectual Property
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Playing Keep-Away: Protecting Your Trade Secrets In A Remote Work Environment

    Companies across the United States quickly rolled out remote work arrangements in response to the COVID-19 health crisis, and as virus caseloads continue to climb...
    United StatesIntellectual Property
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Preliminary Injunction, Meet Irreparable Harm

    The US Court of Appeals for the Fifth Circuit, in a case where an ex-employer sought preliminary injunctive relief based on an alleged breach of non-disclosure and non-compete agreements...
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Protecting AI Assets And Outputs With IP Strategies In A Changing World (Podcast)

    In this episode of Tech Talks, Julian Dibbell is joined by partner Brian Nolan and associate Megan Fitzgerald to unpack how companies can protect AI assets and outputs using IP strategies.
    United StatesIntellectual Property
    Mayer Brown
    Mayer Brown
  • Article

    Protecting Trade Secrets In Russia: Lenient Criminal Sanctions Undercut Effective Protection

    As the world prepares to descend on Sochi for the 2014 Winter Olympic Games, Trade Secrets Watch decided to take a look at how effective trade secret protections are in Russia.
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Protections Of The Newly Enacted Defend Trade Secrets Act

    On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law.
    United StatesIntellectual Property
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Remote Controlled: Keeping Trade Secrets Safe While Employees Work Remotely

    One of the biggest challenges the cyber-security field faces today—aside from outright hacking—is the fact that employees' data is increasingly portable. Data portability can be a major boon for employers.
    United StatesIntellectual Property
    Orrick
    Orrick
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