Search Results for: Trade Secret


23

Oct 2017

European Trade Secrets Policy Moving Forward

By: Christophe Besnard With the goal of providing the European Union (EU) with a common, clear and balanced legal framework against unfair competition, the European legislator adopted the EU Trade Secrets Directive (here) on 8 June 2016. The Directive harmonizes the definition of trade secrets, in accordance with existing international standards. Trade secrets are thus defined, in a nutshell, as valuable information for a company…

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29

Jun 2016

Quick Look: The First Application of the New Defend Trade Secrets Act

By: Jonathan P. Osha In the May 2016 edition of the Osha Liang Newsletter, we introduced the new Federal trade secret law, the Defend Trade Secrets Act (“DTSA”) (see article here).  The DTSA provides a Federal, civil cause of action for theft of trade secrets, and provides remedies both in the form of injunctions and damages.  Now, a District Court in California has issued one of…

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20

May 2016

EU Trade Secrets Directive Approved

By: Christophe Besnard The European Parliament voted on last April 14, 2016 in favor of the EU Trade Secrets Directive. The Council of the European Union (EU) should now approve the Parliament’s position and the Directive be adopted in its current wording. The EU Member States would then have 24 months to adapt their national laws to the objectives of the Directive. The Directive aims to ensure that…

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20

May 2016

News Flash: New Federal Trade Secrets Act in the United States

By: Jonathan P. Osha President Obama signed the Defend Trade Secrets Act (“DTSA”) into law on May 11, 2016.  The DTSA for the first time provides a private cause of action for trade secret misappropriation at the federal level.  Previously, prosecution of trade secret theft at the federal level was limited to criminal actions brought by the federal government.  Private actions for trade secret theft were…

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05

Aug 2019

U.S. Supreme Court Decision in Mission Product Resolves Issues Surrounding Trademark Agreements Rejected in Bankruptcy

By Califf Cooper and Keelin Hargadon 繁體中文 In Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657 (S.Ct. May 20, 2019), the U.S. Supreme Court issued a ruling that will have broad implications for licenses and other agreements in bankruptcy.  The Court held that agreements rejected by a debtor in bankruptcy are not terminated.  Instead, the non-debtor party retains whatever rights it would have under…

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01

Jul 2019

Copyright before Contract: The Role of Copyright Preemption in Software Licensing

By James Carlson 繁體中文 In Universal Instruments Corp. v. Micro Systems Engineering, Inc., No. 17-2748 (2d Cir. May 8, 2019), an opinion from the U.S. Court of Appeals for the Second Circuit illustrates the fine line where contract terms may conflict with the U.S. Copyright Act.  Unlike with patents and trademarks, the Copyright Act provides an explicit preemption clause governing when a legal claim under…

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30

Nov 2018

China Issues New Appellate Procedural Rules for IP Cases

By Han-Mei Tso The Standing Committee of the National People’s Congress of China recently passed new procedural rules regarding appeals in intellectual property  (IP) related cases.  According to the new rules, the Supreme People’s Court (SPC) of China becomes the only appellate court for judgments and procedural rulings originating from the courts of the first instances in IP related cases.  The new rules will take…

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25

Nov 2017

Why Intellectual Property Matters in Sports Technology

By: Tammy J. Dunn Imagine spending millions of dollars in research and development to develop some of the best and most innovative sports technology products available.  Imagine spending as much, if not more, on top marketing and advertising to develop a brand name synonymous with success in the industry.  Imagine that feeling of having “arrived” after years of hard work, sleepless nights, and making sacrifices…

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25

Sep 2015

Osha Liang named one of the 6 IP Boutiques Punching Above Their Weight

6 IP Boutiques Punching Above Their Weight Law360, San Diego (September 25, 2015, 3:32 PM ET) — Between corporate spending cuts to intellectual property litigation and talent poaching by bigger firms, IP boutiques face a bruising legal market, but some specialty shops are getting ahead of the competition, landing big-name clients and notching wins in court and at the Patent Trial and Appeal Board. After…

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26

May 2017

Section 102 Bar Provision Unchanged…For Now

By: Carlyn Burton In the first consideration of the substantive amendments of the Leahy-Smith America Invents Act (AIA), the US Court of Appeals for the Federal Circuit in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.[i] weighed the statutory amendment of the on-sale bar provision. The on-sale bar, found within section 102 of the patent act, serves as a bar to patentability to prevent an…

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