Landmark Court Opinion Provides Guidance in Determining RAND Royalties for...
On April 25, 2013, U.S. District Judge James Robart (W.D. Wash.) issued a much-anticipated opinion in a dispute between Microsoft Corporation (“Microsoft”) and Motorola, Inc., Motorola Mobility, Inc.,...
View ArticleDistrict Court Judge Enjoins Standards-Essential Patent Owner From Enforcing...
In a growing body of legal authority regarding standards-essential patents (SEPs), Northern District of California Judge Ronald Whyte ruled Monday that an owner of SEPs violated its licensing...
View ArticleThe Line Between Trade Secrets And Patents: Getting Dual IP Coverage On The...
Some might think that patents and trade secrets are mutually exclusive forms of intellectual property protection, and they would be partially correct....By: Matthew Poppe
View ArticleWhite House Reins in ITC on Standard-Essential Patents
On Aug. 3, 2013, the Obama Administration vetoed the U.S. International Trade Commission’s June 4 order excluding certain Apple Inc. (“Apple”) products from import because they were found to infringe a...
View ArticlePRACTICE TIP: Seeking Summary Judgment In Trade Secrets Cases
Trade secrets cases often involve intrigue and juicy facts, like departing employees downloading thousands of computer files under cover of darkness. But given that such claims often turn on disputed...
View ArticleEleventh Circuit: Restaurant’s Stolen Recipe Claims Are Stale
It should be obvious that if you want trade secret protection, you shouldn’t wave your purported trade secret around in public. Likewise, if you see someone openly disclosing your trade secret on...
View ArticleNorth Carolina Enacts Criminal Penalties for Disclosure of Fracking Trade...
North Carolina is officially open for fracking, after lifting a ban on the practice—and enacting criminal penalties for spilling trade secrets associated with it. With passage of the Energy...
View ArticleWORLD SERIES EDITION: These Trade Secrets Are Going, Going, Gone
Ah, October: the time of crisp fall air, brightly colored leaves, and pumpkin spice-flavored everything. And, of course, the World Series quest that can unite a city—or, in the case of Orrick’s San...
View ArticleSettlement Reached in Wyoming Fracking Disclosure Lawsuit: Heavier Burden of...
As we’ve previously discussed, a patchwork of state regulations requiring disclosure of chemicals used in fracking have been enacted by several states in recent years. One such regulation was by the...
View ArticleWill We See Federal Trade Secret Legislation Passed This Year?
In January of this year, we noted that trade secret protection has lately been on the minds of lawmakers in Washington, and that federal trade secret legislation was very close to being enacted. While...
View ArticleThrowback Thursday: Why Trade Secret Theft Isn’t Just a Digital Problem And...
With stories of cyberattacks and data breaches on a seemingly endless loop, businesses and governments have been doubling down on their efforts to protect digital information and assets. But, in some...
View Article“Confidential” Information Protectable in the Sixth Circuit
On November 17, 2015, the Sixth Circuit held in an unpublished opinion that “confidential” information that does not otherwise qualify as a trade secret may nevertheless be protected contractually in...
View ArticleProving “Loss” Under the Economic Espionage Act – Not Always Straightforward
The Obama Administration’s focus on criminal trade secret prosecutions under the Economic Espionage Act (EEA) highlights the legal complexities at the murky intersection between criminal and civil...
View ArticleFounding Fathers (or cases) of Trade Secret Law: A Look Back in Celebration...
Over the last few weeks, TSW has reported extensively on the first few cases brought under the new Defend Trade Secrets Act. But, given our recent celebration of our nation’s birthday and the day Will...
View ArticlePiracy Pays (The IP Owner) – Judge Whyte Grants Motion for Default Judgment...
Order Granting Motion for Default Judgment, Adobe Systems Inc. v. Software Tech, et al., Case No. 5:14-cv-02140-RMW (Judge Ronald M. Whyte) - Everyone in the software field (and probably every computer...
View ArticleNo Way Around It: SB 1241 Further Restricts Non-Compete Agreements For...
Companies often seek to protect their trade secrets by requiring employees to sign non-compete agreements. California law invalidates such provisions except in very limited circumstances. See Bus....
View ArticleWhen Strategy Backfires: A Plaintiff Pays the Price for Dumping Too Much...
Order Regarding Discovery Dispute Joint Report #1, VIA Tech., Inc. v. ASUS Computer Int’l et al., Case No. 14-cv-3586 (Magistrate Judge Howard Lloyd) - There is a tension in many IP cases between...
View ArticleA Day Late And A Dollar Short – Court Grants Summary Judgment On Laches Defense
Order Granting Summary Judgment On Dropbox Laches Claims, Dropbox, Inc. v. Thru Inc., Case No. 15-cv-01741-EMC (Judge Edward M. Chen) - The proverb “[e]quity aids the vigilant, not the sleeping ones”...
View ArticleThe 4-Hour Plaintiff: Author/Speaker/Podcaster Tim Ferriss Secures Default...
Order Granting In Part And Denying In Part Plaintiffs’ Motion For Default Judgment, Timothy Ferriss, et al. v. Alliance Publishing, Inc., et al., Case No. 15-cv-05675 (Judge Edward M. Chen) - Tim...
View ArticleFull Disclosure: The Northern District Amends Its Local Rules to Require...
Patent litigants in the Northern District of California will have something new to argue over following the Court’s approval in January of Patent Local Rule amendments that impose damages-related...
View ArticleStep Aside! Trade Secret Preemption of Other Claims
Order Granting in Part and Denying in Part Motion to Dismiss, Henry Schein, Inc. v. Cook, et al., 16-cv-03166-JST (Judge Jon Tigar) - One purpose of the California Uniform Trade Secrets Act (“CUTSA”)...
View ArticleECONOMIC ESPIONAGE AND PROTECTING TRADE SECRETS: Ninth Circuit Holds That...
How can you protect your trade secrets from a vast and well-concealed international effort to steal those secrets? What constitutes a “reasonable” effort to protect that information where at least one...
View ArticleA “Virtual” Home Is Not a Home: Court Sanctions Plaintiffs for “Reckless...
Usually, one benefit of being a plaintiff is deciding in what forum to pursue litigation. Generally, even a foreign-based plaintiff may pursue litigation in a U.S. forum where a defendant may be found...
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