Patently-O

FEBRUARY 17, 2023

This landmark legislation, modeled on the Uniform Trade Secrets Act, elevated and expanded trade secret law’s role in the federal intellectual property system. 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.

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Litigation Intellectual Property Business Government 105

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. A judge in the Northern District of Texas recently declined to dismiss a lawsuit, CiCi Enterprises LP et al. Mucho Pizza, LLC et al.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

Trading Secrets

JULY 31, 2023

On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-US Data Privacy Framework (“DPF”). Since the structure of the program wasn’t the primary reason for Privacy Shield’s revocation, from a business perspective, the current DPF looks a lot like the old Privacy Shield.

Privacy 52

Privacy Business Law Intellectual Property 52

43(B)log

MARCH 21, 2023

Jack Lerner is Clinical Professor of Law at the University of California, Irvine School of Law and Director of the UCI Intellectual Property, Arts, & Technology Clinic. He has written and spoken widely on copyright, privacy and other areas of technology law. Internet L. 1 (2014) (with Lee et al.).

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Technology Journalism Intellectual Property Confidentiality 59

43(B)log

MARCH 15, 2023

Jack Lerner is Clinical Professor of Law at the University of California, Irvine School of Law and Director of the UCI Intellectual Property, Arts, & Technology Clinic. He has written and spoken widely on copyright, privacy and other areas of technology law. Internet L. 1 (2014) (with Lee et al.).

Technology 59

Technology Journalism Intellectual Property Confidentiality 59

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

LexBlog IP

FEBRUARY 22, 2024

A perennial issue in trade secret litigation is: what factual allegations must be pled regarding what trade secrets are left when there are related patents from the same company on the same technology. The recent decision Safe Haven Wildlife Removal and Property Management Experts, LLC v.

Patent 52

Patent Confidentiality Technology Patent Infringement 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

LexBlog IP

JANUARY 4, 2022

One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. text: ‘Privacy’, }. }. }); }); Review Your Contracts Every Year. __ATA.initDynamicSlot({.

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Contracts Business Confidentiality Privacy 52

LexBlog IP

MARCH 27, 2023

ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law. Your conversations may be reviewed by our AI trainers to improve our systems.”

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

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.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

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 6, 2021

These interests include business good will, trade secrets, or other confidential and proprietary information. In view of the competing interests and complex issues involved, companies should consult experienced non-compete litigation counsel before suing for enforcement. Failure to request reformation may result in a waiver.

Confidentiality 52

Confidentiality Business Litigation Designs 52

LexBlog IP

NOVEMBER 30, 2021

In determining whether to keep certain records sealed, Courts must evaluate whether good cause exists to prevent access, balancing “the asserted right of access against the other party’s interest in keeping the information confidential.”

Confidentiality 52

Confidentiality Litigation Privacy Intellectual Property 52

LexBlog IP

JUNE 13, 2022

Litigators know it is generally not easy to recover attorneys’ fees in defense of a trade secret misappropriation action. TransPerfect is an important decision for trade secret litigants on both the plaintiff and defense side. ” [1] But what exactly does bad faith mean and what is the threshold? ” Id. ” Id.

Confidentiality 52

Confidentiality Litigation Technology Law 52

LexBlog IP

JULY 15, 2021

On June 16, and then on July 6, 2021, Connecticut Governor Ned Lamont signed into law a pair of bills that together address privacy and cybersecurity in the state.

Reporting 40

Reporting Privacy Business Licensing 40

LexBlog IP

DECEMBER 13, 2021

” The order enjoined the defendants from “using Mallet’s confidential, proprietary and/or trade secret information in any respect” but did not explain what, exactly, constituted Mallet’s alleged trade secrets.

Confidentiality 52

Confidentiality Litigation Marketing Marketing 52

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

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IP Intellectual Property Social Media Cease and Desist 98

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. An opt-in scheme could address the confidentiality concerns of IP owners. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. An opt-in scheme could address the confidentiality concerns of IP owners. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. An opt-in scheme could address the confidentiality concerns of IP owners. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

APRIL 20, 2023

Department of Health & Human Services (HHS) released a Notice of Proposed Rulemaking (Proposed Rule) that seeks to enhance safeguards of reproductive health care information through changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. How would the Proposed Rule change the Privacy Rule regulations?

Privacy 52

Privacy Law Blogging Confidentiality 52

Trading Secrets

DECEMBER 29, 2022

Protecting Confidential Information and Client Relationships in the Financial Services Industry. Anatomy of a Restrictive Covenant. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes. How Multijurisdictional Businesses Should Approach Non-Competes.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

Protecting Confidential Information and Client Relationships in the Financial Services Industry. Anatomy of a Restrictive Covenant. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes. How Multijurisdictional Businesses Should Approach Non-Competes.

Confidentiality 40

Confidentiality Business Law Contracts 40

LexBlog IP

FEBRUARY 20, 2023

Federal Legislative Developments including the Protecting American Intellectual Property Act and Recent Federal Noncompete Legislation: As the FTC’s proposed ban potentially stalls, bipartisan support for some kind of federal legislation banning or limiting noncompetes has begun to mount. China, Spying and Risks to U.S.

Intellectual Property 40

Intellectual Property Blogging Journalism Confidentiality 40