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Archive for the ‘Trade Secrets’ Category

Distinguishing “Intellectual Property” from Trade Secrets in the Federal Circuit
By Paul Klein – Edited by Geng Chen

The Federal Circuit reversed and vacated a district court ruling holding Hauge in contempt of a court order enforcing a settlement agreement, which required Hauge to assign his former employer “all other intellectual property and other rights relating to pressure exchanger technology . . . .” The Federal Circuit found that Hauge had not violated the order by manufacturing and selling a similar exchanger, even if he used a proprietary manufacturing process in a manner that potentially violated patent or trade secret laws.

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Posted On Apr - 3 - 2014 Add Comments READ FULL POST

With Goal of Innovation, European Union Proposes Uniform Trade Secret Guidelines
By Elise Young – Edited by Kathleen McGuinness

Last week, the European Commission proposed a directive for greater and more uniform protection of trade secrets throughout the European Union. The proposal’s goal is to increase innovation by better protecting EU businesses’ trade secrets and by removing barriers to cross-border research and development. The proposal is one part of the EU’s “Innovation Union” and IP strategies, adopted in May 2011.

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Posted On Dec - 4 - 2013 Comments Off READ FULL POST

Innovator’s Patent Agreement: Defensive Patenting Strategies in the Software Industry

Written by: Suzanne Van Arsdale
Edited by: Michelle Sohn

On May 21, 2013, Twitter launched version 1.0 of the Innovator’s Patent Agreement (“IPA”), which formalizes a company’s commitment to non-offensive patenting and leaves some control in the hands of inventors. This Comment addresses the incentives for and legal implications of adopting the IPA, software industry concerns and current practices, and other defensive patenting mechanisms.

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Posted On Aug - 11 - 2013 Comments Off READ FULL POST

USM Judgment Vacated: Tucker Act Forces Move of Trade Secrets Case to Court of Federal Claims

United States Marine Inc. v. United States
By Jonathan Sapp – Edited by Elise Young

The Federal Circuit affirmed the Fifth Circuit’s ruling, transferring a defense contractor’s trade secrets claim to the Court of Federal Claims. In affirming the Fifth Circuit ruling, the court determined that the plaintiff’s case was predicated on a breach of contract claim and relied on the Tucker Act, which gave the Court of Federal Claims exclusive jurisdiction.

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Posted On Jul - 29 - 2013 Comments Off READ FULL POST

Sixth Circuit Requires District Court to Estimate Loss in Trade Secrets Disputes

United States v. Howley
By Ron Gonski – Edited by Daniella Adler

The Sixth Circuit unanimously affirmed in part and vacated and remanded in part a ruling by the Eastern District of Tennessee, which found that defendants Howley and Roberts stole trade secrets and committed wire fraud in connection with Goodyear’s tire-manufacturing technology.

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Posted On Feb - 15 - 2013 Comments Off READ FULL POST
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