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 […] Continue Reading →
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 […] Continue Reading →
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 →