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].

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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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

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.

Replacing the Words “Trade Secrets” with “Confidential Information” Does Not Allow a Party to Bypass Its Obligations Under California Code of Civil Procedure Section 2019.210

JD Supra Law

In a recent discovery dispute before the Northern District of California, Plaintiff Monolithic Power Systems, Inc.

What! How Could My Confidentiality Policy Violate the National Labor Relations Act?

GDB Firm Blog

However, a federal court recently held that an employer's information confidentiality policy violated the National Labor Relations Act because it could prohibit employees from discussing organizing a union outside the office. The purpose of the offending clause was to maintain confidentiality of trade secrets and protect customer information. WARNING: I know it's April Fool's Day, but this is not a joke.

Cannabis Baker’s Plans of Own Business Potentially Put On Backburner

Trading Secrets

Johnson for both breach of a Confidentiality Agreement – Non-Compete Agreement, as well as misappropriation of trade secrets under the New Mexico Uniform Trade Secrets Act.

Lab Maker Says Ex-Exec Stole 10,000 Docs For New Employer

IP Law 360

has sued a former operations manager for allegedly stealing more than 10,000 confidential documents for his new employer, a direct rival that it has separately litigated against Sterile laboratory maker AES Clean Technology Inc.

Semiconductor in-house speak out on top IP concerns

Managing IP

Counsel at three semiconductor firms say managing confidentiality and procedural differences between the US and other countries is one of their biggest issues

How to craft an effective CDA – the essentials

IP Blog

In our earlier article, Trade secrets – the need to be systematic , we discussed the use of Confidential Disclosure Agreements (CDAs), also known as non-disclosure agreements (NDAs).

Ga. Engineering Co. Says Ex-Execs Took Clients For Rival Biz

IP Law 360

A Georgia engineering company has sued two former vice presidents and shareholders, claiming they used confidential information to solicit customers for rival businesses that they set up in North Carolina after quitting

Stipulated Protective Orders During Patent Litigation

Fish & Richardson Trademark & Copyright Thoughts

Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. How do stipulated protective orders protect confidential information? That designation adds protections on top of the highest confidentiality protections.

Secret Hair Don’t Care: When NDAs Fail to Protect Trade Secrets

JD Supra Law

The case arose as a result of L’Oreal and Olaplex entering into negotiations regarding a potential acquisition, pursuant to which Olaplex shared with L’Oreal its confidential information,….

Striking The Right Academic Research Deal As A Sponsor

IP Law 360

As industry funding of academic research continues to rise, lawyers advising sponsoring entities should understand the intricacies of negotiating research agreements, including those around deal structure, intellectual property ownership and licensing, and confidentiality of findings, says Catlan McCurdy at McCurdy.

The Economic Espionage Act: Key Provisions

JD Supra Law

The Trade Secrets Act forbids the unauthorized disclosure of confidential government information by government employees but does not, however, apply to private-sector employees. The Economic Espionage Act (EEA), codified in 18 U.S.C.

What Employers Need to Know to Safeguard Their Trade Secrets

JD Supra Law

The protection of trade secrets and other confidential information is important to the bottom line of every company, whether a Fortune 100 corporation or a small business.

JHL Biotech Co-Founders Convicted in Genentech Trade Secret Theft

JD Supra Law

Although Jordanov and Lin initially pled not guilty, the former JHL employees later admitted to hiring former Genentech employees and using those employees’ knowledge of Genentech’s confidential information to advance JHL’s own biosimilar program.

Recent Case Developments Indicate Increased Judicial Scrutiny on China Initiative Prosecutions

JD Supra Law

In November 2018, then-Attorney General Jeff Sessions launched the Department of Justice’s (DOJ) China Initiative, to prevent, combat, and prosecute theft of intellectual property, technology, trade secrets, and other confidential and proprietary information.

Albright Gives Attys Carte Blanche To Seal Patent Filings

IP Law 360

District Judge Alan Albright of the Western District of Texas will no longer require attorneys in patent cases to get permission before filing sealed documents with confidential information so long as they follow up promptly with a public, redacted version, according to a recent order

5 Tools Small Businesses Can Use to Protect Their Trade Secrets

LexBlog IP

A non-disclosure agreement (commonly called an “NDA”) is a contract between two or more parties agreeing that certain information exchanged between them will be kept confidential. Fragment Confidential Material. Restrict Access to Confidential Material.

University and Software Company Settle Dispute

BYU Copyright Blog

URI denied the allegations and provided numerous affirmative defenses in its answer.Since last month, the parties have entered into a confidential settlement agreement. The court further retained jurisdiction to enforce the terms of the confidential agreement.

Wash. Tribes Say Stanford Used IP For Cannabis Drug Patent

IP Law 360

has alleged that Stanford University secretly duplicated a potential opioid addiction treatment that was based on research involving the tribes' confidential information and funding, and that the university applied for a provisional patent for a synthetic version of the drug The Tulalip Tribal Federal Corp.

PMPRB Update: Jurisdiction extends to CSPs effective June 30; coming into force of Patented Medicines Regulations and Guidelines delayed to January 2022

JD Supra Law

The coming into force of the provisions relating to confidential third party rebates was previously delayed after those provisions were declared invalid by the Federal Court and found to be.

Five Policies to Help Avoid “Unforced Errors” By New Hires That May Lead To A Trade Secrets Misappropriation Claim

JD Supra Law

A common example is a departing employee bringing to the new company files containing confidential information belonging to the prior employer that were required to be returned or discarded.

9th Circ. Nixes BladeRoom's $77M IP Win Over Facebook Deal

IP Law 360

million trial verdict over Emerson Electric's alleged use of stolen trade secrets to win a lucrative Facebook contract, finding a California district court misinterpreted the expiration date of a confidentiality agreement at the heart of the case The Ninth Circuit on Monday wiped out BladeRoom's $77.4

Applied's IP Protections Come Under Fire In Criminal Trial

IP Law 360

An Applied Materials executive testified in a criminal trade secret jury trial Friday against four former workers that Applied requires suppliers to sign multiple nondisclosure agreements to protect its IP but conceded during a tense cross-examination that under the agreements vendors are allowed to download and store certain confidential designs

Hollywood Demands $16.35m From Operator of Pirate IPTV Services


A confidential settlement was reached in October 2020 but it’s claimed that the defendant then launched Digital UniCorn Media and another service called Altered Carbon. Tusa is therefore liable for the confidential Settlement Sum,” they inform the court.

A Cautionary Tale on Including an Expiration Date in NDAs

LexBlog IP

further stresses the importance of carefully crafting the terms and conditions in a non-disclosure agreement (“NDA”), and ensuring there is no ambiguity as to when the NDA’s confidentiality protections expire.

5 tips for the safekeeping of your trade secrets

Texas Intellectual Property Law Blog

Keep information confidential If you have documents containing trade secret information, keep those documents locked in a filing cabinet. Educate employees Ensure that all employees understand the importance of trade secret confidentiality.

5 tips for the safekeeping of your trade secrets

Texas Intellectual Property Law Blog

Keep information confidential If you have documents containing trade secret information, keep those documents locked in a filing cabinet. Educate employees Ensure that all employees understand the importance of trade secret confidentiality.

Illinois Law Imposes New Restrictions on Non-Compete Agreements

LexBlog IP

Finally, the amendment does not prohibit the use of confidentiality agreements or agreements prohibiting the use or disclosure of trade secrets.

Seventh Circuit Affirms Trade Secret Protection of Patented Spinal Implant Device

LexBlog IP

Life Spine contracted with Defendant Aegis Spine to distribute the device only to medical facilities nationwide and to keep Life Spine’s confidential information secret and use the confidential information only in furtherance of the business relationship.

Precedential No. 25: TTAB Rejects Proposed Modification of Standard Protective Order, Refuses to Apply EU Privacy Regulation

The TTABlog

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.

The Relevance of a Non-Disclosure Agreement in Protecting Your Intellectual Property


A Non-Disclosure Agreement (NDA) plays a pivotal role in various corporate transactions, employment agreements, negotiations or any other scenario wherein confidential information is being exchanged. In other words, it is a contract that enforces a confidential relationship between two or more parties wherein an agreement is made that any sensitive information that is made privy to the parties shall not be disclosed to any other person or entity.

Supreme Court: Bad Intent Not Enough to Violate the Computer Fraud and Abuse Act

McBayer IP Blog

This case may have far-reaching implications for companies that provide access to trade secrets and confidential information to employees, and it’s probably time for them to review their contracts and policies.

Computer and Internet Weekly Updates for 2021-09-11

Barry Sookman

Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret? Computer and Internet Weekly Updates for 2021-09-04 [link] 2021-09-05. Friday’s Endnotes – 09/03/21 – Copyhype [link] 2021-09-05.

Curiosity Killed A Motion to Dismiss: A Biotech Company’s Business Negotiations Turns into a Trade Secrets Fight

LexBlog IP

ABL alleged that Zolezzi misappropriated more than 90 confidential and proprietary files.

See you Soon: Aug 19 Symposium and Publication Opportunities


Lots of work is going on in this area involving non-compete, confidentiality, and IP transfer agreements within and between firms. Event : I am looking forward to presenting a new project at the annual BYU Copyright Symposium on Thursday, August 19, 2021. The event is online and free, but you must register first. My co-author and co-presenter is Dr. Homayoon Rafatijo who has been a Chemistry professor and also finishing his JD this semester.

VPN Hosting Company Settles Copyright Lawsuit by Blocking Pirate Sites


Both parties agreed on a confidential settlement agreement. Hosting providers are generally seen as neutral intermediaries but some copyright holders believe that these companies should bear more responsibility.

Den of Thieves


assembled a digital two-way radio business largely deploying Motorola’s research and development, such as source code and confidential technical documents. Photo Credits: Lavi Perchik (Unsplash).

JHL Biotech Co-Founders Convicted in Genentech Trade Secret Theft

LexBlog IP

Although Jordanov and Lin initially pled not guilty, the former JHL employees later admitted to hiring former Genentech employees and using those employees’ knowledge of Genentech’s confidential information to advance JHL’s own biosimilar program.

How to Incorporate Privacy by Design Into Your Business

Olartemoure Blog

Every party involved in processing personal data should create safeguards and systems following the principles of confidentiality, integrity and availability, that can attest to the correct implementation of technology standards within the industry.

Tracking the Submissions: What the Government Heard in its Online Harms Consultation (Since It Refuses to Post Them)

Michael Geist

There has been some press coverage of the consultation response from the Globe and Mail and National Post , but Canadian Heritage officials have said they will not post the submissions they received, claiming some “may contain confidential business information.”