When Business Relationship Information is Not a Trade Secret: Review by the Federal Circuit

By Sarah M.D. Luth

On March 12, 2021 the Federal Circuit provided a precedential opinion affirming a Florida district court’s decision declining to seal information regarding a business relationship between two businesses where the party seeking redaction failed to prove that the information was a trade secret. Plaintiff DePuy and Defendant Veterinary Orthopedic Implants, Inc. (VOI) are competitors in […]

Protecting Your Nanotechnology Inventions – Part 4: Don’t Forget About Trade Secret Protection

By Jonathan L. Kennedy

When you have a new invention, the right question to ask at the outset is whether you want to consider patenting it. This is important because many common activities in research and commercialization can create a bar to patent protection or at least start a one-year clock by which a patent must be filed. Some […]

Protecting Your Nanotechnology Inventions – Part 2: Defining Your Invention

By Jonathan L. Kennedy

Have you invented materials with improved properties, such that you can seek to protect materials having those properties? Have you invented materials with a new structure such that you can seek protection of that structure beyond your specific species of materials? Have you invented a method that can be applied to items broader than your […]

Protecting Your Nanotechnology Inventions – Part 1: Defining Your Space

By Jonathan L. Kennedy

In a recent post, I discussed the increasing focus on nanotechnology research including the growing number of patents issued and government funding in nanotechnology research. Obtaining the strongest and broadest protection for your nanotechnology should be a focus of any research and intellectual property (IP) strategy. There are things that can be done during research […]

Uber Learns Trade Secret Law the Hard Way in Settlement with Waymo over Self-Driving Car Technology

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In the middle of trial with Google’s self-driving car company, Waymo, Uber settled the trade secret litigation brought by Google. Uber will turn over 0.34% of its equity, which has been estimated at $245 million dollars in value. The dispute resulted when Uber hired a former employee of Waymo, not knowing that the engineer had […]

Space Systems Loral to Proceed with Trade Secret Theft Lawsuit Against Orbital ATK

By Gregory Lars Gunnerson

Daniel Wilson of Law360.com reports on Friday, February 2nd, U.S. District Judge Raymound A. Jackson “trimmed two claims from space technology company SSL’s suit accusing rival Orbital ATK of stealing its trade secrets through a shared NASA server, but refused to toss the suit, saying SSL had adequately pled the majority of its allegations.” SSL […]

Trade Secrets: Lessons for Employers

Two court cases have provided a potent lesson in the need to interview incoming employees from competitors, and when the so-called “nuclear option” is available, when it is your trade secret that walks out the door. The “nuclear option” is a portion of the Defend Trade Secrets Act that was passed in 2016. Among the […]

Prepping for Protection: First Steps to Developing an IP Strategy

Whether you are an individual, a start-up company, or an existing business, two of the hardest (and most important) questions are: “Do I have intellectual property?” and “How do I protect it?” First, having a qualified attorney will help make answering these questions significantly easier and they can help guide you through the development of […]

When the Unthinkable Happens: IP Considerations for Bankruptcy

In the event that the unthinkable happens and bankruptcy becomes the only course of action for businesses, having not only a good bankruptcy attorney, but also having an involved IP attorney is vital to ensure that rights in valuable intellectual property are appropriately addressed and maintained. A basic understanding of Chapter 7 and Chapter 11 […]

The New Trade Secret Law Impact on Business

     It’s just nine months old, but the new Defend Trade Secrets Act provides for a new stronger defense of key intellectual property.  Enacted May 11, 2016, the law provides for the first time for a uniform federal law protecting trade secrets.  Previously, trade secrets could be enforced only according to variable state law, and […]