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Playing Fair: Protect Trade Secrets from Business Partners
September 8, 2020 | Blog | By Adam Samansky, Nicholas Armington
Companies can minimize trade secret theft by business partners by instituting non-disclosure agreements before sharing trade secrets and establishing general confidentiality agreements with business partners.
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USPTO Weighs in on IT Modernization in CXOTalk Interview
August 31, 2020 | Blog | By Christina Sperry
How does an important U.S. government agency modernize its operations, especially during a global health crisis? What IT modernization approach can U.S. patent and trademark practitioners expect from the United States Patent and Trademark Office (USPTO)?
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THE SEP WORLD IN BALANCE: UK Harmonizes with Germany’s Rejection of Implementer Hold Out
August 26, 2020| Blog|
Workplace Confidential: Preventing Former Employees from Using Your Trade Secrets
August 24, 2020 | Blog | By Adam Samansky, Nicholas Armington
By proactively protecting trade secrets and using litigation strategically, companies can minimize trade secret misappropriation by former employees.
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Danger on the Horizon: Detecting Early Signs of Trade Secret Theft by Competitors
August 20, 2020 | Blog | By Adam Samansky, Nicholas Armington
Companies can quickly detect trade secret theft by planting an unneeded feature or part that would be included in a copycat item and continually monitoring competitors’ new products.
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Keeping (Trade) Secrets Amid a Reduction in Force
August 17, 2020 | Blog | By Adam Samansky, Nicholas Armington
Companies can lower the risk of trade secret theft amid a reduction in force by limiting and auditing the use of trade secrets and including confidentiality provisions in severance agreements.
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District of Delaware Goes against Prior Decisions and Declines to Dismiss Willful Infringement Claims Despite Failure to Allege Egregious Infringing Conduct
August 12, 2020 | Blog | By Adam Samansky, Peter Cuomo, Joe Rutkowski
On July 30, 2020, the U.S. District Court for the District of Delaware, in APS Technology, Inc. v. Vertex Downhole, Inc. et al, No. 19-cv-01166, denied Vertex Downhole’s Rule 12(b)(6) motion to dismiss APS’s patent infringement complaint.
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Federal Circuit Reminds PTAB That Short Cuts Are Not Allowed
August 11, 2020 | Blog | By Brad M Scheller
Last month, in a precedential decision, the Federal Circuit vacated-in-part and remanded the Patent Trial and Appeal Board’s (“Board”) obviousness determination regarding Alacritech’s computer networking patent because the Board failed to adequately explain its findings for three of the challenged claims.
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Sort It Out: Cell Sorting Method with Data Processing Steps Patent Eligible
August 11, 2020 | Blog | By Brad M Scheller
In XY, LLC v. Trans Ova Genetics, LC (Case 2019-1789, issued July 31, 2020), the Federal Circuit provided another example of a life sciences method claim avoiding patent ineligibility under the Alice framework at step one, altogether avoiding the “inventive concept” analysis under step two.
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Eastern District of Michigan Dismisses Willful Infringement Claims for Failure to Allege Infringer's Knowledge and Egregious Conduct, Joining Majority Views on Pleading Requirements
August 4, 2020 | Blog | By Adam Samansky, Peter Cuomo, Joe Rutkowski
On July 13, 2020, the U.S. District Court for the Eastern District of Michigan, in Mich. Motor Techs., v. Volkswagen Aktiengesellschaft, No. 19-10485, granted Volkswagen’s motion to dismiss Michigan Motor Technologies’ (MMT’s) willful infringement claims and request for enhanced damages under 35 U.S.C. § 284 because MMT failed to allege sufficient facts to plausibly establish that Volkswagen acted egregiously and with knowledge of both the asserted patents and Volkswagen’s infringement thereof.
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“Anything Goes” – Federal Circuit Says PTAB Can Use Any Means to Knock Out Substitute Claims (Uniloc v. Hulu: Part 2)
July 29, 2020 | Blog | By Brad M Scheller
Yesterday we discussed the Federal Circuit’s decision in Uniloc 2017 LLC v. Hulu, LLC confirming the Board’s authority to review contingent substitute claims after the original claims have been held invalid by a federal court. Today we cover the panel’s ruling that the Board can use any patentability requirement to evaluate and reject proposed substitute claims in an IPR, notwithstanding that originally-petitioned claims in such proceedings can only be challenged under §§ 102 and 103 based on prior patents and printed publications.
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Dead on Arrival? Federal Circuit Majority Finds That Substitute Claims Live On (Uniloc v. Hulu: Part 1)
July 28, 2020 | Blog | By Brad M Scheller
Last week a Federal Circuit panel in Uniloc 2017 LLC v. Hulu, LLC issued an important decision regarding inter partes review (IPR) before the Patent Trial and Appeal Board on two questions concerning contingent motions to amend—(i) whether the Office has statutory authority to review the patentability of substitute claims after a final federal-court judgement of invalidity of those claims and, if yes, (ii) whether that review of patentability may include analyzing the substitute claims for patent eligibility under 35 U.S.C. § 101.
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Federal Circuit: Licensees’ Failure to Mark Eliminates Entitlement to Pre-Suit Damages
July 27, 2020 | Blog | By Adam Samansky, Peter Cuomo, Matthew Karambelas, Courtney Herndon
Recently, in Packet Intelligence LLC v. NetScout Sys., Inc., No 19-2041 (July 14, 2020), the Court of Appeals for the Federal Circuit reversed a jury verdict of $3.5 million in pre-suit damages and vacated the trial court’s enhancement of that award because licensees of the asserted patents failed to properly mark allegedly patent practicing products.
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Playing Keep-Away: Protecting Your Trade Secrets in a Remote Work Environment
July 22, 2020 | Blog | By Adam Samansky, Nicholas Armington
Companies across the United States quickly rolled out remote work arrangements in response to the COVID-19 health crisis, and as virus caseloads continue to climb, the trend is likely to continue. As working off-site becomes “the new normal,” companies can institute systems and policies to protect their valuable trade secrets.
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Don’t Get Schooled: What You Can Learn from the Wave of Trade Secret Cases That Followed the 2007-2008 Financial Crisis
July 20, 2020 | Blog | By Adam Samansky, Nicholas Armington
The sharp upswing in trade secret litigation triggered by the global financial crisis of the late 2000s taught companies some hard lessons about trade secret theft and disputes.
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