IP Watchdog

DECEMBER 26, 2023

Trade secrets in the United States have a fascinating history, during which courts shaped the common law tort as a way to enforce confidential relationships. Nevertheless, the law continues to evolve much as it did a century ago—that is, through the opinions of judges deciding individual cases on their facts.

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JD Supra Law

MARCH 13, 2024

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade Commission, the National Labor Relations Board, and the US Department of Justice. By: ArentFox Schiff

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Reporting 81

JD Supra Law

APRIL 23, 2024

How can you defend yourself if you are accused of misappropriation of trade secrets? This is a complex area of the law and there is no one-size-fits-all defense.

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JD Supra Law

FEBRUARY 27, 2024

Proving access to and use of trade secrets are core elements in a trade secrets misappropriation case. Recent rulings in a trade secrets action filed by Allergan against its competitor Revance Therapeutics (“Revance”) provide helpful guidance on what is sufficient to plead these elements.

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JD Supra Law

APRIL 10, 2024

Who can be held accountable for misappropriation of Trade Secrets? The Arkansas Uniform Trade Secrets Act answers this question, explaining that the following may be liable for trade secret misappropriation: Individuals. Corporations. By: Mitchell, Williams, Selig, Gates & Woodyard,

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JD Supra Law

APRIL 1, 2024

With broad adoption of generative artificial intelligence tools, some commentators have suggested that trade secret law is the best means for protecting innovations. Looking to trade secret law to protect AI is facially appealing.

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IP Law 360

MARCH 15, 2024

Trade secret litigation has seen a gradual increase over the past decade, driven by the promise of substantial damages awards, a new federal law, and frustration over the challenges of patent litigation, according to intellectual property attorneys.

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JD Supra Law

DECEMBER 22, 2023

As the NBA season heats up, so does some interesting trade secret litigation among NBA teams. 21, 2023, New York Knicks LLC sued a former Knicks employee named Ikechukwu Azotam and Maple Leaf Sports & Entertainment Ltd.

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JD Supra Law

MARCH 20, 2024

In the fast-paced world of tech litigation, one case stands out for its implications on trade secrets and intellectual property rights: Neural Magic, Inc. Meta Platforms, Inc. and Aleksandar Zlateski.

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JD Supra Law

APRIL 19, 2024

The US Court of Appeals for the Fifth Circuit affirmed a district court’s decision finding trade secret misappropriation and breach of contract based on a recruiter’s improper use of confidential client information. Counsel Holdings, Incorporated v. Jowers, Case No. 22-50936 (5th Cir. 1, 2024) (King, Ho, Engelhardt, JJ.) (per

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JD Supra Law

APRIL 11, 2024

If, as the saying goes, an ounce of prevention is worth a pound of cure, then the insight provided by our Trade Secret Litigation team is weighty counsel that clients are wise to heed.

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JD Supra Law

APRIL 17, 2024

What is the statute of limitations for a trade secrets claim? The Arkansas Uniform Trade Secrets Act explicitly provides that there is a three-year statute of limitations. Three years. By: Mitchell, Williams, Selig, Gates & Woodyard,

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Patently-O

SEPTEMBER 26, 2023

While there are valid reasons to keep certain information confidential in some cases, such as protecting trade secrets or personal information, restricting public access should be approached carefully and narrowly to balance the interests of the parties with the public’s right to open courts. US11147246 and US11033007.

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Sander Law

MARCH 15, 2023

What is a Trade Secret? Trade Secrets is form of intellectual property rights that protects know-how, processes, methods etc. almost anything that can be kept a secret. Duration Indefinitely, provided the trade secret remains a protected secret. The post What is a Trade Secret?

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JD Supra Law

JANUARY 31, 2024

When people have been entrusted with trade secrets, and when those people suddenly depart the business or compromise their loyalty, significant risks exist surrounding a business’s trade secrets. Protecting that investment is often crucial to the brand and to the future of a business.

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IP Law 360

APRIL 25, 2024

A New Jersey deer repellent company claims that an Ohio company, which was formerly a licensee, is stealing trade secrets by continuing to use its proprietary techniques and procedures after the licensing agreement lapsed.

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Licensing 52

JD Supra Law

FEBRUARY 28, 2024

Case law informs the definition of “trade secret” which assists us as we prospectively counsel clients and litigate trade secret cases. By relying on the case law and drawing on past examples, we provide clearer advise for clients.

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JD Supra Law

MARCH 28, 2024

The Defend Trade Secrets Act of 2016 allows for U.S. technology and trade secrets. Jones Day’s Randy Kay, who chairs the Firm’s global trade secrets focus team, talks about the applicability of the Act to foreign misappropriation, what can constitute the requisite “act in furtherance,” and why U.S.

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Kashishipr

APRIL 20, 2022

A still-new form of IP that has gained recognition in the past two decades is trade secrets, which we shall be discussing here in this blog. In simple terms, trade secrets are Intellectual Property Rights (IPRs) granted on confidential or sensitive info, which may be licensed or sold.

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IP Law 360

JANUARY 9, 2024

Apple has reached settlements with six former engineers it accused of stealing trade secrets and sharing them with startup chipmaker Rivos Inc., deals in which the engineers agreed to delete or return to Apple confidential information in their possession, according to notices filed in California federal court.

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IP Law 360

APRIL 11, 2024

Urban Outfitters on Thursday beat back a lawsuit from a bankrupt online fashion rental company claiming the retailer stole its proprietary information to set up a competing business, with a Philadelphia federal jury finding that the clothing chain did not misappropriate trade secrets.

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IP Law 360

DECEMBER 20, 2023

A medical device company has agreed to pay $8 million to settle allegations that it stole a competitor's trade secrets to develop a spinal implant, according to a stipulation filed in Illinois federal court.

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JD Supra Law

JANUARY 9, 2024

Welcome to our 2023 Trade Secret and Restrictive Covenant Year in Review. Still, there were plenty of significant jury verdicts and court decisions to keep us “noncompete and trade secret geeks” entertained, and. 2023 was a busy year in this space, but not as busy as many expected. By: Benesch

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Business 77

JD Supra Law

APRIL 23, 2024

A recent trade secret case from New York highlights the importance of how damages are calculated and emphasizes the need to conform those damages calculations to the applicable standards in your jurisdiction. In Syntel Sterling Best Shores Mauritius Ltd. TriZetto Group Inc., TriZetto Group Inc.,

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JD Supra Law

FEBRUARY 12, 2024

Maryland’s intermediate court created new and binding precedent for cases related to misappropriation of trade secrets under the Maryland Uniform Trade Secrets Act (“MUTSA”). In the reported opinion of Ingram, et al. Cantwell-Cleary Co.,

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JD Supra Law

FEBRUARY 29, 2024

In the interconnected, global environment of business, trade secret information regularly crosses international boundaries, and trade secret misappropriation can occur anywhere in the world. By: Fish & Richardson

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IPilogue

APRIL 19, 2022

All that glitters is not gold, but trade secrets in the sparkling world of luxury jewellery might just be worth the gold and diamonds they sell. Tiffany”), for stealing trade secrets related to its High Jewelry collection from a former Cartier employee, Megan Marino. The Trade Secret Claim. The Lawsuit.

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IP Law 360

FEBRUARY 12, 2024

Apple has reached an agreement potentially resolving its claims that startup chipmaker Rivos poached engineers and directed them to steal the tech giant's trade secrets, telling a California federal judge the deal would allow Apple to conduct a forensic examination of Rivos' systems.

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JD Supra Law

FEBRUARY 14, 2024

Has Arkansas adopted the Model Uniform Trade Secrets Act? We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Yes, but with modifications. Code Ann. § 4-75-601, et seq.

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JD Supra Law

FEBRUARY 1, 2024

In the business world, a company might have information, a process, a technique, or a design that they consider to be a trade secret. The question is whether the aforementioned constitutes a protectable trade secret under NJ Law. By: Stark & Stark

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JD Supra Law

APRIL 8, 2024

A claimant's recovery of attorneys' fees in a trade secret action ordinarily reflects an overwhelming success at trial. The claimant would have necessarily proved (at least under federal law) that its trade secret had been willfully or maliciously misappropriated.

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JD Supra Law

MARCH 6, 2024

Are customer/client lists protectable trade secrets in Arkansas? It depends. Answering this question involves looking closely at the facts and circumstances of each situation. There is some case law examining the legal treatment of customer/client lists, and we will expand this answer below to draw from that case law.

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JD Supra Law

APRIL 22, 2024

Welcome to our Q1 Trade Secrets and Restrictive Covenant Report.

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JD Supra Law

DECEMBER 29, 2023

A trade secret is any information used in one’s business that derives independent economic value from not being generally known. Trade secrets, unlike patents, are protected indefinitely for as long as they remain a secret. By: Smith Anderson

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JD Supra Law

MARCH 20, 2024

How do you protect trade secrets? As we have outlined in prior installments of this series, taking reasonable efforts to maintain secrecy is a key issue in answering questions such as whether customer/client lists are protectable trade secrets and whether other various items can be considered protectable trade secrets.

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Patently-O

FEBRUARY 17, 2023

Menell* who took on the pro bono task of assembling and managing a fabulous team of leading lawyers to create the Trade Secret Case Management Judicial Guide. The guide will quickly become leading the go-to source as Federal Judges manage their growing trade secrecy caseloads. – D.C. Guest post by Prof.

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Nelligan Law

DECEMBER 6, 2023

Reading Time: 2 minutes This week, we embark on a flavorful journey through time, where family recipes not only tantalize taste buds but also safeguard tales of tradition and secrets passed down generations, particularly during the holiday season. Family recipes are like whispered legends, carrying the essence of heritage and history.

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