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Bombay HC Clarifies the Contours of Copyright Infringement and Confidentiality Law

SpicyIP

Image of folder tag with text “confidential” Image from here. The case, decided by a single-judge Bombay High Court bench, concerned an allegation by the plaintiff, Tarun Wadhwa, of copyright infringement and breach of confidentiality. Copyright and confidentiality.

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NLRB to Release Memo Clarifying Impact of McLaren Macombs on Confidentiality and Non-Disparagement Restrictions

Trading Secrets

The Board sent shockwaves through employment law in its February 21, 2023, decision in McLaren Macomb , which held that simply offering a draft settlement agreement with broad confidentiality and non-disparagement provisions violated the National Labor Relations Act (“NLRA”).

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House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements

JD Supra Law

introduced legislation to restrict confidentiality provisions from covering claims of discrimination, harassment, and retaliation. Seyfarth Synopsis: Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.)

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Court of Appeal grapples with US v UK confidentiality in Autostore v Ocado without prejudice discussions

The IPKat

During the opening remarks of this meeting, Ocado’s solicitor stated that ‘this meeting was a continuation of the confidential and without prejudice discussions between Ocado and AutoStore and that any US law discussions were to be governed by rule 408 of the [US Federal] rules of evidence [FRE 408].

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Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

The IPKat

The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. Confidentiality in clinical trials.

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Plaintiff Adequately Pleads Misappropriation of Confidential Information

JD Supra Law

Cohen denied defendant’s motion to dismiss a claim for misappropriation of confidential information. In a Decision and Order dated May 10, 2022, in Sure, Inc. Boost Ins. USA, Inc., 2022 NY Slip. 31523(U), Justice Joel M.

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House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements

Trading Secrets

introduced legislation to restrict confidentiality provisions from covering claims of discrimination, harassment, and retaliation. Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.)

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Protecting Your Business’s Confidential Information

JD Supra Law

A few weeks ago, an Ohio federal jury found that Goodyear Tire stole a European inventor’s ideas related to tires that can self-inflate, and awarded the inventor $61.2 million in punitive damages and $2.8 million compensatory damages for Goodyear’s theft of the inventor’s trade secrets.

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Simple steps to protecting confidential information in the global economy

Managing IP

David Prange of Robins Kaplan and Giles Crown and Tarun Tawakley of Lewis Silkin give tips on protecting business information in the US and UK

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Daniel Alexander KC says "no" on indemnity costs, blanket confidentiality orders and permission to appeal in Oxford University Innovation dispute

The IPKat

In the consequentials hearing judgment [2023] EWHC 138 , the Judge dealt with (1) royalty payments; (2) costs; (3) confidentiality; and (4) permission to appeal. Of the most interesting to this Kat was the treatment of costs (well, some of them), confidentiality and permission to appeal.

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An Effective Way to Protect Confidential Information

JD Supra Law

An award of nominal damages for breach of an NDA may be important for companies seeking to protect confidential information and trade secrets for two reasons: (1) this may give rise to an award of litigation costs, and (2) may also support a permanent injunction ruling preventing the former employee.

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Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret?

JD Supra Law

A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets.

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Confidential Manual Deemed Not A Printed Publication

JD Supra Law

In a recent decision, the Patent Trial and Appeals Board found that no claims challenged were unpatentable, after finding manuals relied upon as prior art did not qualify as “printed publications” under 35 U.S.C. § 311(b). Weber, Inc. Provisur Technologies, Inc.,

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Merely Receiving Confidential Information Isn’t Enough: Georgia Court Dismisses Tortious Interference with Contract Claim in Trade Secret Case

Trading Secrets

It’s a fact pattern that repeatedly arises in trade secret cases: a company hires someone who has a confidentiality agreement with their former employer. The complaint also alleged that NationsBenefits’ executives permitted the sharing of this confidential information.

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Copying of Unpatented Technology Permitted When Confidentiality Obligations Terminated

JD Supra Law

the Ninth Circuit held under English law that a reasonable person would interpret a nondisclosure agreement (NDA) to end two years after signing because the NDA unambiguously terminated the confidentiality obligations after two years. In BladeRoom Grp. Emerson Elec.

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NLRB to Release Memo Clarifying Impact of McLaren Macombs on Confidentiality and Non-Disparagement Restrictions

LexBlog IP

The Board sent shockwaves through employment law in its February 21, 2023, decision in McLaren Macomb , which held that simply offering a draft settlement agreement with broad confidentiality and non-disparagement provisions violated the National Labor Relations Act (“NLRA”).

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Pfizer Says Employee Stole Confidential Docs On COVID Vax

IP Law 360

said Tuesday that it was investigating a longtime employee who it believes downloaded thousands of documents containing confidential information, some of which is related to the pharmaceutical giant's COVID-19 vaccine, according to a suit filed in California federal court Pfizer Inc.

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The Freedom of Information Act’s “Confidentiality” Exception

JD Supra Law

In this Insight post, we explore an important FOIA exemption: the “trades secrets” or “confidential”-information exemption and the Supreme Court’s somewhat recent holding clarifying its scope. We frequently utilize the Freedom of Information Act (“FOIA”) as a tool for our clients.

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Breach of Confidentiality Claim Survives Motion to Dismiss under Anti-SLAPP Law

JD Supra Law

The Court of Appeals of Texas (Fourth District) upheld a trial court’s order denying a motion to dismiss a breach of confidentiality agreement claim pursuant to the Texas Citizens Participation Act (TCPA), which is designed to protect people from strategic lawsuits against public participation (SLAPP). By: McDermott Will & Emery

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Fed. Circuit Wipes $11K Fee Ruling Over Confidential Emails

IP Law 360

A Federal Circuit panel splintered Tuesday in rejecting a lower court decision to hit a California patent lawyer and his client with $11,000 in fines and legal fees over allegedly emailing confidential materials to a partner attorney in a joint defense agreement, who used them in another case

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4 Ways To Preserve Confidentiality Of Litigation Funding Docs

IP Law 360

Though two recent rulings by Massachusetts and Illinois federal courts add to the growing body of case law denying discovery into litigation funding arrangements, prudence necessitates that lawyers, clients and funders follow certain best practices to ensure that their communications are not discoverable by opposing parties, says Stewart Ackerly at Statera Capital

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A Word of Caution When Disclosing Confidential Information to A Non-Party Under A Protective Order

JD Supra Law

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CAFC Reverses Contempt Finding for Disclosures of Confidential Discovery Information to Develop Joint Defense Strategy

IP Watchdog

Circuit Judge Jimmie Reyna authored a brief dissent from the majority opinion, arguing that Leader’s disclosure of certain confidential information with another company sued by Static for the development of a joint defense strategy was a violation of the district court’s protective order.

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House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements

LexBlog IP

introduced legislation to restrict confidentiality provisions from covering claims of discrimination, harassment, and retaliation. Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.)

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Merely Receiving Confidential Information Isn’t Enough: Georgia Court Dismisses Tortious Interference with Contract Claim in Trade Secret Case

JD Supra Law

It’s a fact pattern that repeatedly arises in trade secret cases: a company hires someone who has a confidentiality agreement with their former employer.

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Webinar Recap! Protecting Confidential Information and Client Relationships in the Financial Services Industry

Trading Secrets

Create a culture of confidentiality. In Seyfarth’s seventh installment of the 2022 Trade Secrets Webinar Series, Seyfarth partners Jeremy Cohen and Kevin Mahoney focused on trade secret and client relationship considerations in the banking and financial services industry.

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Sixth Circuit Endorses Sealing of Filings to Protect Confidentiality of Alleged Trade Secrets

JD Supra Law

On appeal from a dismissal based on a failure to state a claim for misappropriation of trade secrets, the US Court of Appeals for the Sixth Circuit granted the litigants’ motion to seal their briefs and file publicly available redacted versions in order to protect the confidentiality of the appellant’s alleged trade secrets.

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NLRB Targets Confidentiality and Non-Disparagement Provisions

Trading Secrets

On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) once again issued new precedent when holding that the mere proffer of a draft severance agreement containing broad confidentiality and non-disparagement provisions violated the National Labor Relations Act (“NLRA” or “Act”).

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NDA: An Effective Way to Protect Confidential Information

LexBlog IP

A settlement agreement was reached where Elation could inspect the software developed by Shi and prevent the use of any trade secrets or confidential information.

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Upcoming Webinar! Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns

Trading Secrets

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.

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Protecting Your Trade Secrets and Confidential, and Sensitive Information from a Public Records Request

JD Supra Law

It is common for businesses to disclose confidential information to governmental entities for regulatory and/or other purposes. However, once that information is disclosed, it may be vulnerable to public records requests.

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Webinar Recap! Protecting Confidential Information and Client Relationships in the Financial Services Industry

LexBlog IP

Create a culture of confidentiality. In Seyfarth’s seventh installment of the 2022 Trade Secrets Webinar Series, Seyfarth partners Jeremy Cohen and Kevin Mahoney focused on trade secret and client relationship considerations in the banking and financial services industry.

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Indian government denies access to Covid 19 vaccine collaboration agreements

SpicyIP

Drug Regulation Others Patent access Confidentiality COVID-19 RTI Trade Secret Protection Vaccines

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Confidential rebate reporting and new price regulatory factors of the amended Patented Medicines Regulations declared invalid by the Quebec Court of Appeal

JD Supra Law

On February 18, 2022, the Court of Appeal of Quebec released its decision in Merck Canada Inc c Procureur général du Canada (2022 QCCA 240).

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A Hospital Mailed a Patient’s Confidential Diagnosis to a Rando. You’ll Never Guess What Happened Next–ZD v. Community Health

Technology & Marketing Law Blog

Why did Jonae post ZD’s confidential diagnosis on Facebook? The post A Hospital Mailed a Patient’s Confidential Diagnosis to a Rando. The facts in this case are so bizarre and outrageous that I had to read them several times: On September 30, 2018, Z.D.

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The CH Trade Secrets Review: Confidentiality of Precise Information Is Not Vitiated by Public Disclosure of More General Details, Supporting a Preliminary Injunction

JD Supra Law

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Recent SEC Order Reiterates Need for Affirmative Whistleblower Exclusion

Trading Secrets

Specifically, the rule provides that “[n]o person may take any action to impede an individual from communicating directly with the Commission staff about a possible securities law violation, including enforcing, or threatening to enforce, a confidentiality agreement.

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Upcoming Webinar! Protecting Confidential Information and Client Relationships in the Financial Services Industry

Trading Secrets

Wednesday, November 16, 2022 1:00 p.m. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m. Pacific. REGISTER HERE. In the seventh installment of the 2022 Trade Secrets Webinar Series, Seyfarth attorneys will focus on trade secret and client relationship considerations in the banking and financial services industry.

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One of Our “Favorite Things” Are Lawsuits About Stolen Secret Recipes

Trading Secrets

Mr. Matlock personally prepared the waffles using his confidential recipe, which were later delivered to Oprah by Eastern Standard. Eastern Standard claims that it has never sold a single waffle using the Burgundian confidential recipe, and that it has no plans to do so.

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Keep it secret or file a patent?

Patent Trademark Blog

If you have a simple product that others can easily copy, you wouldn’t be thinking about keeping anything confidential. And if you have powerful knowledge that is confidential, will others be able to be able to figure it out after breaking apart your product?

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Upcoming Webinar! Protecting Confidential Information and Client Relationships in the Financial Services Industry

LexBlog IP

Wednesday, November 16, 2022 1:00 p.m. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m. Pacific. REGISTER HERE. In the seventh installment of the 2022 Trade Secrets Webinar Series, Seyfarth attorneys will focus on trade secret and client relationship considerations in the banking and financial services industry.

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11th Circuit Upholds Trial Court’s Rejection of Liquidated Damages in Trade Secret Case

Trading Secrets

Therefore, when a company needs to share its highly-guarded trade secrets with a subcontractor in order to complete a project together, most companies understandably require the subcontractor to enter into a confidentiality agreement that includes a non-disclosure provision.

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NLRB Targets Confidentiality and Non-Disparagement Provisions

LexBlog IP

It remains to be seen, therefore, whether the Board will seek to invalidate more narrowly-tailored confidentiality and non-disparagement provisions.