UPDATE: Federal Trade Secret Act Signed into Law Today (May 11, 2016), the Defend Trade Secrets Act (DTSA) of 2016 was signed into law by President Obama. The DTSA was passed in the House of Representatives on April 27, by a vote of 410-2. The Senate had previously passed the DTSA on April 4 by a vote of 87-0. The DTSA was presented […] Continue Reading →
Do I have a trade secret, confidential information or patentable subject matter? (Part 5 of Trade Secret Series) In this fifth installment of the Filewrapper® series on trade secrets we begin to dive into the differences between confidential information, a trade secret and patentable subject matter. Here is a hint—they are not mutually exclusive. Moreover, the decision to should protect an asset as a trade secret as opposed to a patent may be […] Continue Reading →
Intellectual Property Protection Options for Software In my last blog post, I discussed some of the recent updates issued by the United States Patent and Trademark Office regarding patent eligible subject matter and software patents. As anyone who deals with software patents is aware, there is a lot of uncertainty as to whether software is patent eligible subject matter. While the […] Continue Reading →
Will the U.S. Enact a Federal Trade Secret Law? (Part 4 of Trade Secret Series) In this Filewrapper® series relating to all things trade secrets, we have previously posted on the role and value of trade secrets (available here), described how the value of trade secrets are commonly assessed (available here), and provided an overview on the current protection schemes available for trade secrets in the U.S. (available here). In […] Continue Reading →
How Are Trade Secrets Protected? (Part 3 of Trade Secret Series) Filewrapper® previously introduced a new series of blog postings on the value and role of trade secrets, along with strategies to ensure protection. Previous posts first gave an overview of the role and value of trade secrets (available here), and then described how the value of trade secrets are commonly assessed (available here). In this […] Continue Reading →
Assessing the Value of Trade Secrets (Part 2 of Trade Secret Series) Filewrapper® previously introduced a new series of blog postings on the value and role of trade secrets, along with strategies to ensure protection. Before diving into best practices for protection this post provides an outline of the value trade secrets can provide to a company or to a particular technology. Often a value assessment goes […] Continue Reading →
Understanding the Role and Value of Trade Secrets and how to Protect Them We all know a core technology can drive a company. As a patent attorney I see this every day. However, equally important is the Information about the technology or the business itself that can be an invaluable driver of a technology or the company itself. Depending on the technology you work with and the type […] Continue Reading →
Trade Secret Symposium The U.S. Patent and Trademark Office (USPTO) is hosting a Trade Secret Symposium on Thursday, January 8, 2015 at its headquarters in Alexandria, Virginia. This symposium is the first of its kind for trade secrets. More information is available on the USPTO website. Both live and webcast attendance is available for this event. The USPTO symposium […] Continue Reading →
Update on “Patent Troll” Legislation in the Wake of the 2014 Elections In December of 2013, the U.S. House of Representatives passed H.R. 3309, the "Innovation Act," ostensibly to address the problem of abusive patent litigation, sometimes referred to as patent trolling. While H.R. 3309 passed with bipartisan support by an overwhelming margin of 325-91 votes, its companion bill failed to clear the Senate. Failure of the […] Continue Reading →
Should Trade Secret Misappropriation be Federalized? The legal community (along with bipartisan legislation) has been discussing the creation of a private cause of action under federal laws for trade secret misappropriation – or trade secret theft. In light increased cyber-espionage and the apparent ease in which trade secrets can be misappropriated in the marketplace, Congress has taken an apparent interest in […] Continue Reading →