Intellectual Property

Federal Circuit reviews a $2.8M fee award in a DTSA trade secret case, testing when weak trade secret identification becomes bad-faith litigation.

In a unanimous decision handed down today, the Supreme Court delivered a tactical victory for Hikma, and a measure of guidance for other generic manufacturers. In Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889, the Court held that drug manufacturer Amarin, the reference product sponsor, failed to state a claim for active inducement of patent infringement under 35 U.S.C. § 271(b). 

In today’s competitive market, safeguarding intellectual property (IP) and managing employment risks are critical for businesses operating in Canada and the United States. From onboarding to departure, employers must safeguard their interests and manage restrictive covenants in an evolving legal landscape. In this Part III of our cross-border series, we discuss practical strategies to mitigate risk and protect your organization throughout the employee lifecycle.

Courts are demanding precise, documented proof of trade secrets, and recent appellate decisions show that companies without a proactive asset management program risk losing at both the pleading and summary judgment stages.

USPTO reshapes PTAB IPR rules, favoring patent owners with new denial doctrines, strategic shifts, and evolving guidance under Director Stewart.