LexBlog IP

JULY 19, 2023

New Developments in China Trade Secret Litigation by Founders Legal China’s Growing Focus on Intellectual Property: The Beijing IP Court Steps Up Protections Trade secrets have become increasingly important in today’s globalized business environment, serving as vital intangible assets for many companies.

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Litigation Intellectual Property IP Intellectual Property Law 40

IPilogue

MARCH 8, 2023

Privacy breaches are becoming commonplace in today’s business landscape and cybersecurity is top of mind for many organizations— and for good reason. This situation is exacerbated by the risk of litigation, as lawsuits are a legitimate consequence of a privacy breach.

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LexBlog IP

NOVEMBER 19, 2021

In this fifth installment of our 2021 Trade Secrets Webinar Series, our experienced team will cover trade secret/confidentiality, non-compete and restrictive covenant issues that typically arise in M&A transactions. Ensuring confidentiality and trade secret protection throughout the deal. to 11:00 a.m. REGISTER HERE.

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IPilogue

MAY 17, 2022

It may be no secret that trade secrets contribute to a business’ economic value and confer a ‘competitive edge.’ Trade secrets require elements such as: value (economic/industrial), that it is kept secret, and that there are reasonable measures in place to keep it confidential.

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Confidentiality Contracts Intellectual Property Business 119

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 18, 2020

Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. How do stipulated protective orders protect confidential information? What types of restrictions do stipulated protective orders impose on the disclosure and use of confidential information?

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Litigation Confidentiality Patent Designs 52

IPilogue

JANUARY 25, 2023

Within minutes of working there, I was already growing in my legal development from being academically into practically trained as I learned about my supervisor’s door policy, to protect Teva’s confidentiality in all dealings. As obvious as it sounds in hindsight, his door policy really opened my eyes.

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Confidentiality Contracts Intellectual Property Law Litigation 106

IP Watchdog

OCTOBER 10, 2022

The judge’s full findings won’t be public for a couple of weeks, to enable both sides to redact confidential business information. ITC Judge MaryJoan McNamara said SharkNinja infringed two of four asserted iRobot patents, according to a notice posted last week on the agency’s electronic docket.

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LexBlog IP

APRIL 5, 2023

However, this proposal has raised concerns about how it may affect businesses and their ability to protect trade secrets. This employment restriction for former workers is used to prevent the former workers from using the business’s trade secrets, such as proprietary technology and customer lists, to benefit a competitor.

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LexBlog IP

NOVEMBER 3, 2023

Nonetheless, this is exactly why early consideration of how to develop a business solution at the outset is so important. The second occurs after contentious forensic, preliminary injunction and ordinary discovery has worn both parties down to a point that they are ready to seek a business solution. Mediation is a fair process.

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Confidentiality Settlement Litigation Business 52

Trading Secrets

FEBRUARY 5, 2024

In 2017, Life Spine entered into various agreements with Aegis by which Aegis would sell and distribute ProLift devices while maintaining as confidential all proprietary information related to the devices. Litigation continued for years, with Aegis raising unsuccessful counterclaims.

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LexBlog IP

FEBRUARY 5, 2024

In 2017, Life Spine entered into various agreements with Aegis by which Aegis would sell and distribute ProLift devices while maintaining as confidential all proprietary information related to the devices. Litigation continued for years, with Aegis raising unsuccessful counterclaims.

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Confidentiality Settlement Advertising Advertising 52

JD Supra Law

JANUARY 19, 2022

Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection of trade secrets by contract, including non-competes and confidentiality provisions, is under attack around the country.

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Confidentiality Contracts Litigation Business 52

The IPKat

AUGUST 17, 2023

Indeed most IP litigators practicing in the UK have never had the pleasure of navigating what is now the King's Bench Division (KBD), spending most of their life in the comparatively modern Chancery Division. Clause 13 of the shareholders' agreement also contained terms protecting the company's confidential information.

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Confidentiality Contracts Business Litigation 52

Patently-O

FEBRUARY 17, 2023

DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity. David Almeling and Victoria Cundiff are two of the most experienced trade secret litigators in the nation. DTSA added to the large and growing federal caseloads.

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Litigation Intellectual Property Business Government 105

IP Tech Blog

FEBRUARY 15, 2023

Navigating these challenges in the proper way will be key to the selection of the appropriate business model for the exploitation and commercialization of the algorithms (e.g. licensing, assignment, JVs, cooperation and co-development etc.)

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Intellectual Property Due Diligence Ownership IP 113

Trading Secrets

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. Non-Compete/Non-Solicit Restriction The employee’s agreement included a combination non-solicit/non-acceptance of business covenant. Let’s go through the analysis for each provision.

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Confidentiality Settlement Contracts Business 64

LexBlog IP

MAY 9, 2022

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. Affirmative proof likely requires disclosing sensitive business information, research and development, or corporate strategy. After all, both parties likely want their sensitive documents protected from disclosure.

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Confidentiality Litigation Privacy Contracts 52

LexBlog IP

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. Non-Compete/Non-Solicit Restriction The employee’s agreement included a combination non-solicit/non-acceptance of business covenant.

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Confidentiality Settlement Contracts Business 52

IP Tech Blog

FEBRUARY 8, 2024

In light of this change, businesses should understand how the laws impact their employment practices and implement strategies to ensure they comply. Moreover, with fewer restrictions on employee mobility post-employment, it is important companies have adequate NDAs and confidentiality agreements in place to protect proprietary information.

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Law Contracts Confidentiality Business 57

LexBlog IP

SEPTEMBER 25, 2023

In later articles, the use of AI in software development, intellectual property issues, and confidentiality concerns, among other issues, will be explored. Violation of these laws could be detrimental to a business. One major concern is confidentiality, to include protecting valuable trade secrets. What is AI?

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Confidentiality Intellectual Property Marketing Marketing 52

Technology & Marketing Law Blog

APRIL 28, 2023

Bill Requirements Identical to the California AADC, the bill applies to a “business that provides an online service, product, or feature likely to be accessed by a child.” The bill describes the following obligations for in-scope businesses: Data Protection Impact Assessments. Child” is defined as any user under 18.

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LexBlog IP

FEBRUARY 8, 2024

In light of this change, businesses should understand how the laws impact their employment practices and implement strategies to ensure they comply. Moreover, with fewer restrictions on employee mobility post-employment, it is important companies have adequate NDAs and confidentiality agreements in place to protect proprietary information.

Law 52

Law Contracts Confidentiality Business 52

Patently-O

APRIL 25, 2023

NDAs can prevent disclosure of contractually-defined “confidential” information that is shared in the course of a confidential relationship, even if it is not technically a trade secret. The standard answer is no. NDAs can, in other words, go beyond trade secrecy. Or at least that is the common wisdom.

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Confidentiality Contracts Intellectual Property Law Journalism 51

TorrentFreak

AUGUST 15, 2022

“The transcript contains information and reference to MarkMonitor’s source code that is private, proprietary, confidential and commercially sensitive trade secret information regarding its antipiracy detection system,” MarkMonitor writes. It discusses proprietary code and includes evidence of a dispute between businesses.

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Confidentiality Settlement Copying Litigation 129

Trading Secrets

MAY 25, 2022

Working Group 12 seeks to aid judges and practitioners in developing consensus-based guidelines for managing trade secret litigation and protecting trade secrets. Equitable Remedies in Trade Secret Litigation. Cross-Border Discovery Issues in Trade Secret Litigation. Monetary Remedies in Trade Secret Litigation.

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Litigation Government Intellectual Property Confidentiality 75

The TTABlog

OCTOBER 5, 2021

Modification of the SPO: Under the SPO, which is automatically entered in all inter partes proceedings, only outside counsel have access to confidential material and information that is designated as AEO. In short, the Board has an interest in "protecting confidential information and protecting against its inappropriate release."

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Privacy Confidentiality Litigation Designs 52

Trading Secrets

SEPTEMBER 10, 2022

This CLE webinar will also cover how these developments impact counseling, litigation, and deals involving companies with employees based in Texas. Effectively utilizing non-compete and other restrictive covenants in business deals in Texas. Jesse Coleman , Partner, Seyfarth Shaw LLP. Matt Simmons , Senior Counsel, Seyfarth Shaw LLP.

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Confidentiality Business Litigation Law 64

Trading Secrets

OCTOBER 18, 2023

Section 16600 of the Business and Professions Code is amended to read: 16600. (a) a) Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void. (b) is added to the Business and Professions Code, to read: 16600.1. (a)

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Law Contracts Business Confidentiality 59

LexBlog IP

AUGUST 11, 2021

For most (if not all) professional services firms, client databases, client contact lists, and information reflecting client preferences are regarded by such firms as trade secrets that are essential to the business. The court thus dismissed the law firm’s DTSA and CUTSA claims on this basis with leave to amend the complaint.

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Confidentiality Contracts Business Litigation 52

LexBlog IP

FEBRUARY 15, 2023

Navigating these challenges in the proper way will be key to the selection of the appropriate business model for the exploitation and commercialization of the algorithms (e.g. licensing, assignment, JVs, cooperation and co-development etc.)

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Trading Secrets

JUNE 16, 2023

Pacific REGISTER HERE In today’s digital age, trade secrets are an essential asset for businesses to stay ahead of the competition. As businesses continue to operate remotely, protecting trade secrets has become increasingly important. Please note that attendance must be submitted within 10 business days of the program taking place.

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Confidentiality Business Privacy Litigation 64

LexBlog IP

OCTOBER 18, 2023

Section 16600 of the Business and Professions Code is amended to read: 16600. (a) a) Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void. (b) is added to the Business and Professions Code, to read: 16600.1. (a)

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Law Contracts Business Confidentiality 52

Trading Secrets

SEPTEMBER 30, 2022

Most often, restrictive covenants are designed to prevent a departing employee from competing with his/her former employer for clients or business. Famous example is Coca-Cola recipe, but trade secrets are not limited to products alone and can also be processes, confidential information such as business plans, and other know how.

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Contracts Confidentiality Litigation Business 75

Patently-O

JANUARY 4, 2023

In the USA, civil litigation typically involves substantial discovery — with each party demanding to see the other side’s secrets. In patent law, these secrets are often at the core of the business process: product development and manufacturing processes, key product details, detailed market and sales data, etc.

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Litigation Confidentiality Designs Design 56

Technology & Marketing Law Blog

JULY 26, 2022

You can get less damages than the cost of litigation, so the whole effort is unprofitable. The court says this lawsuit qualified: “LVSA litigated this case in an unreasonable manner. Its claims were tenuous at best, and that should have been apparent from the outset to its counsel, who has litigated numerous such lawsuits.”

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Trading Secrets

DECEMBER 21, 2021

Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns. It is only by keeping up with the newest laws and court pronouncements that litigants can hope to prevail in this ever-changing landscape.

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Confidentiality Law Contracts Business 69

LexBlog IP

APRIL 25, 2023

The court’s opinion offers guidance for employers facing confidential data breaches and hiring employees from competing firms. Along with these responsibilities, McQueen had access to large amounts of Direct Biologics’ confidential and trade secret information.

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