IP Tech Blog

FEBRUARY 8, 2024

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. First, AB 1076 renders all noncompete clauses in employment contracts void. Second, AB 1076 introduces a notice requirement.

Law 57

Law Contracts Confidentiality Business 57

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.

Confidentiality 52

Confidentiality Contracts Litigation Business 52

IPilogue

JANUARY 9, 2023

Some work highlights for me personally were: drafting a procurement contract, investigating the Patented Medicines Prices Review Board (“PMPRB”) Draft Guidelines, and drafting a response to an Access to Information request. AstraZeneca is a global company, some contracts can require engaging in services in other countries.

Business 110

Business Privacy Contracts Confidentiality 110

IPilogue

MARCH 8, 2023

This situation is exacerbated by the risk of litigation, as lawsuits are a legitimate consequence of a privacy breach. Ongoing activity in the privacy breach litigation space calls for organizations to re-examine their privilege strategies and prepare for potential scrutiny that may occur in the event of a dispute.

Privacy 106

Privacy Confidentiality Litigation Reporting 106

Intellectual Property Law Blog

MARCH 9, 2022

Here, the relevant confidentiality agreement included a forum selection clause to govern patent and other intellectual property disputes between the parties, which stated in relevant part: [T]he Parties agree that all Potential Actions arising under U.S. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”).

Patent Infringement 245

Patent Infringement Intellectual Property Contracts Confidentiality 245

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. There was no written contract of employment. 1872) The cat - Felis domesticus., after a sell/transfer of shares).

Confidentiality 52

Confidentiality Contracts Business Litigation 52

LexBlog IP

FEBRUARY 8, 2024

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. First, AB 1076 renders all noncompete clauses in employment contracts void. Second, AB 1076 introduces a notice requirement.

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. NDAs have also not traditionally been treated as contracts in restraint of trade , like noncompetes are.

Confidentiality 51

Confidentiality Contracts Intellectual Property Law Journalism 51

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. In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.

Confidentiality 64

Confidentiality Settlement Contracts Business 64

Trading Secrets

OCTOBER 18, 2023

Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. Under existing California law, non-compete agreements with California employees are typically void.

Law 59

Law Contracts Business Confidentiality 59

Intellectual Property Law Blog

MARCH 9, 2022

Here, the relevant confidentiality agreement included a forum selection clause to govern patent and other intellectual property disputes between the parties, which stated in relevant part: [T]he Parties agree that all Potential Actions arising under U.S. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”).

Patent Infringement 130

Patent Infringement Intellectual Property Contracts Confidentiality 130

LexBlog IP

OCTOBER 18, 2023

Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. Under existing California law, non-compete agreements with California employees are typically void.

Law 52

Law Contracts Business Confidentiality 52

LexBlog IP

OCTOBER 1, 2022

alleging a pizza franchisee failed to maintain the confidentiality of Texas pizza chain CiCi Enterprises LP’s trade secrets after two affiliates inked a development deal with competitor, Papa John’s. 4] In addition to its federal and state trade secrets claims, CiCi Enterprises alleged a breach of contract.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

LexBlog IP

MAY 9, 2022

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. The issue is further exacerbated because adverse litigants in trade secret cases are frequently industry competitors. After all, both parties likely want their sensitive documents protected from disclosure.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

Contracts 98

Contracts Intellectual Property Patent Infringement Government 98

Trading Secrets

NOVEMBER 9, 2022

Doubly so in trade secret/non-compete litigation. million damages award, with about $500,000 awarded under the misappropriation claim and $3 million under the breach of contract claim. Third, the district court awarded the amount of placement fees that the recruiter received as damages for breach of contract. Jowers , No.

Contracts 59

Contracts Confidentiality Litigation Law 59

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. In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.

Confidentiality 52

Confidentiality Settlement Contracts Business 52

LexBlog IP

NOVEMBER 9, 2022

Doubly so in trade secret/non-compete litigation. million damages award, with about $500,000 awarded under the misappropriation claim and $3 million under the breach of contract claim. Third, the district court awarded the amount of placement fees that the recruiter received as damages for breach of contract. Jowers , No.

Contracts 52

Contracts Confidentiality Litigation Law 52

Trading Secrets

FEBRUARY 23, 2023

in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages. The District of Maryland recently awarded a software developer a mere $1.00 In AirFacts, Inc.

Contracts 59

Contracts Licensing Litigation Confidentiality 59

Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

Without a comprehensive trade secret strategy, trade secret owners risk the loss of their intellectual property assets and expose themselves to the risk of trade secret misappropriation litigation. Such unauthorized use of another company’s intellectual property assets can expose a company to trade secret misappropriation litigation.

Confidentiality 52

Confidentiality Intellectual Property Contracts Litigation 52

LexBlog IP

JUNE 21, 2022

A recent decision by the Second Circuit reminds litigants that a party asserting a trade secret misappropriation claim under the federal Defend Trade Secrets Act (DTSA), or New York law, must detail in a pleading “the “reasonable measures” employed to maintain the secrecy of the alleged trade secret. CargoSprint, LLC , No.

Confidentiality 52

Confidentiality Contracts Licensing Litigation 52

Patently-O

SEPTEMBER 7, 2022

Here, Amyndas (the one left out) had shared confidential information with both Zealand and Alexion (subject to contractual limitations). At that point, Amyndas sued–alleging breach of the Confidential Disclosure Agreements (CDAs); misappropriation of trade secrets; and conspiracy to use misappropriated information.

Music 56

Music Contracts Confidentiality Litigation 56

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. US proceedings were filed by PQ against CyberMetrics in October 2017, Mr Aughton was deposed in October 2021 and the proceedings then settled on confidential terms.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

43(B)log

DECEMBER 12, 2022

Windstream has a 2-year contract. With Spectrum there are no contracts. Plus, we will buy you out of your current contract up to $500.” interference with the Windstream entities’ contracts with their customers by the mailing campaign. Will they be able to provide the Internet and TV services you rely on in the future?

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Trading Secrets

SEPTEMBER 30, 2022

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. An analysis of the pros and cons of each set of rules should be part of any relevant litigation strategy.

Contracts 75

Contracts Confidentiality Litigation Business 75

Trading Secrets

FEBRUARY 6, 2024

Lastly, we saw federal agencies insisting on broad whistleblower protections in confidentiality agreements with impacted employees and customers. We also saw proposed federal legislation banning or narrowing the use of non-competes, which we expect to be reintroduced in 2024. State legislatures continued to narrow the use of the non-competes.

Confidentiality 59

Confidentiality Contracts IP Law 59

LexBlog IP

AUGUST 11, 2021

Invariably, businesses identify this type of information as proprietary and trade secret in their employee confidentiality agreements and handbooks and subject them to duties of confidentiality. ” Whiteslate, LLP , 2021 WL 2826088, at *6. .” ” Whiteslate, LLP , 2021 WL 2826088, at *6. ” Id.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

Indiana Intellectual Property Law

JUNE 28, 2022

1030 and committed Breach of Contract. By the end of her employment, Boutell occupied a key executive role wherein she had access to virtually all of Peoplelink’s confidential, proprietary, and trade secret information. 1832 , the Computer Fraud and Abuse Act (CFAA) 18 U.S.C. Accessing any other Peoplelink computers or networks.

Confidentiality 40

Confidentiality Contracts Business Litigation 40

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.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

FEBRUARY 23, 2023

in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages. The District of Maryland recently awarded a software developer a mere $1.00 In AirFacts, Inc.

Licensing 52

Licensing Contracts Litigation Confidentiality 52

Trading Secrets

JULY 27, 2022

The letter further advised Macaroco that Vanity Lab would take legal action to enforce its rights in the event of a breach of her contract. The letter also stated that Macaroco was prohibited from practicing as an aesthetician for one year following the end of her employment with Vanity Lab.

Cease and Desist 59

Cease and Desist Confidentiality Contracts Business 59

LexBlog IP

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

Contracts 52

Contracts Intellectual Property Patent Infringement Government 52

LexBlog IP

MAY 22, 2023

Understanding Forced Arbitration Forced arbitration, also known as mandatory or binding arbitration, is a legal process typically included in contracts. Bias Towards Businesses Arbitration can be biased towards the organization that drafted the contract, usually a business. The Risks of Forced Arbitration 1.

Contracts 40

Contracts Business Confidentiality Litigation 40

LexBlog IP

MARCH 29, 2022

With the ever increasing move towards remote working, more and more out-of-state employers may find themselves in a California court pursuing or defending against claims that arose from an employment agreement that was ostensibly supposed to be litigated outside of California. The Superior Court, 75 Cal. 5th 844 (2022).).

Litigation 52

Litigation Contracts Confidentiality Government 52

LexBlog IP

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.

Confidentiality 52

Confidentiality Law Contracts Business 52

Trading Secrets

JUNE 24, 2021

The webinar also covered how these latest developments impact counseling, litigation, and deals involving companies with employees based in Texas. 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.

Contracts 52

Contracts Confidentiality Litigation Business 52

Traverse Legal Blog

MARCH 8, 2022

Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). They require both chain of tile and a contract setting forth the seller and buyers’ essential contract terms. NFTs are no different.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131