Searching Content indexed under Trade Secrets by Fenwick & West LLP ordered by Published Date Descending.
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A Patent Application Does Not Bar A DTSA Claim Update
In Cajun Services Unlimited, LLC v. Benton Energy Service Company, the U.S. District Court for the Eastern District of Louisiana denied a motion for summary judgmen
United States
27 Aug 2019
A Looming AI War: Transparency v. IP Rights
As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified
United States
20 Aug 2019
China At Center Of DOJ Initiative To Protect US Companies From Trade Secret Misappropriation
The U.S. Intellectual Property Enforcement Coordinator submitted its Annual Intellectual Property Report to Congress in February.
United States
20 May 2019
Beating A DTSA Claim Does Not Necessarily Mean Recovery Of Attorneys' Fees
Absent an agreement to the contrary, the dismissal of a statutory cause of action providing for attorneys' fees to the prevailing party ...
United States
24 Jan 2019
Storage Of Confidential Information On Executive's Personal Devices Impedes Trade Secret Protection
The U.S. Court of Appeals for the Eleventh Circuit considered the oft-litigated issue of what constitutes reasonable efforts to maintain secrecy of a claimed trade secret in Yellowfin Yachts v. Barker Boatworks, a case involving claims against a former executive turned competitor.
United States
5 Nov 2018
Federal Circuit Panel Holds Trade Secret Disgorgement Of Profits Must Be Awarded By Judge, Not Jury
In Texas Advanced Optoelectronic Solutions v. Renesas Electronics America, the Federal Circuit held that there is no right to a jury for determining disgorgement of profits ...
United States
18 Jul 2018
US Taxation Of IP After Tax Reform
U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury are still figuring out...
United States
13 Jul 2018
Will The ITC Become A New Forum For Fast-Track Trade Secret Lawsuits?
In a case of first impression, Manitowoc Cranes v. Sany America, the U.S. District Court for the Eastern District of Wisconsin held that an International Trade Commission determination ...
United States
9 Apr 2018
Trio Of Decisions Sheds Light On Protectability Of Customer Lists As Trade Secrets
In early December, the U.S. Court of Appeals for the Eighth Circuit, in Tension Envelope v. JBM Envelope, added to the patchwork of outcomes on the question of whether customer lists are considered ...
United States
10 Jan 2018
At The Intersection Of Civil And Criminal Trade Secret Law: Waymo v. Uber
Waymo alleges that with Levandowski's assistance, Uber used misappropriated documents to develop custom LiDAR systems based on Waymo's designs.
United States
1 Aug 2017
What Canadian Supreme Court's Landmark Decision Means For Tech Companies Big And Small
What should courts do when one country's laws collide with a borderless Internet? Last week, the Supreme Court of Canada became the latest court to tackle the issue, upholding an order for Google to de-index...
United States
18 Jul 2017
Judgment Continues To Grow In Cardiaq Valve v. Neovasc Trade Secret Suit
The U.S. District Court for the District of Massachusetts recently awarded prejudgment and post-judgment interest in the trade secret suit between CardiAQ Valve Technologies and Neovasc...
United States
3 May 2017
It's Dangerous To Go Alone! Take This - Intellectual Property Tips For The Esports Industry
With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA's partnership with Take-Two to launch an esports league for the NBA2K game on the horizon...
United States
28 Apr 2017
Supreme Court Allows The ITC To Continue Addressing Overseas Trade Secret Misappropriation
The U.S. Supreme Court denied a petition for writ of certiorari in Sino Legend (Zhangjiagang) Chemical Co. Ltd. v. International Trade Commission & SI Group, Inc., thereby rejecting an attempted challenge...
United States
22 Feb 2017
Ninth Circuit Leaves Open Whether Trade Secret Liability May Be Predicated On An Implied Theory Of Confidentiality
In, Direct Technologies, LLC v. Electronic Arts, Inc., the United States Court of Appeals for the Ninth Circuit called into question, but did not definitively resolve, whether trade secret liability...
United States
22 Nov 2016
Reaching Back To Acts Of Continuing Misappropriation Under The Defend Trade Secrets Act
On May 11, 2016, the Defend Trade Secrets Act of 2016 was enacted, creating federal jurisdiction for a civil claim for trade secret misappropriation.
United States
25 Aug 2016
Increasing Disapproval Of Non-Competes At Federal Level
Although non-competes outside of California are typically enforceable (subject to each state's laws), the White House issued a report this summer discussing what it believes to be misuse of non-competes
United States
9 Aug 2016
Federal Defend Trade Secrets Act Necessitates Changes To Employee And Contractor Agreements
Companies should update their employee invention assignment agreements and contractor agreements in light of the new federal Defend Trade Secrets Act ("DTSA") (summarized previously here).
United States
9 Aug 2016
Litigation Alert: The Ninth Circuit Addresses The Scope Of The Computer Fraud And Abuse Act
This week, the Ninth Circuit clarified the scope of the Computer Fraud and Abuse Act (CFAA) in upholding the defendant's criminal conviction in United States v. David Nosal.
United States
14 Jul 2016
A Report On Notice And Takedown In Everyday Practice
The report is enlightening and very useful, with an accessible executive summary, primer on the law, and insightful analysis and recommendations helpful to anyone who deals with DMCA notices even occasionally.
United States
19 May 2016
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