The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

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LexBlog IP

AUGUST 11, 2021

Invariably, businesses identify this type of information as proprietary and trade secret in their employee confidentiality agreements and handbooks and subject them to duties of confidentiality. July 7, 2021) No. ” Whiteslate, LLP , 2021 WL 2826088, at *6. .” ” Whiteslate, LLP , 2021 WL 2826088, at *6.

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LexBlog IP

JUNE 21, 2022

A recent decision by the Second Circuit reminds litigants that a party asserting a trade secret misappropriation claim under the federal Defend Trade Secrets Act (DTSA), or New York law, must detail in a pleading “the “reasonable measures” employed to maintain the secrecy of the alleged trade secret. CargoSprint, LLC , No.

Confidentiality 52

Confidentiality Contracts Licensing Litigation 52

Indiana Intellectual Property Law

JUNE 28, 2022

1030 and committed Breach of Contract. By the end of her employment, Boutell occupied a key executive role wherein she had access to virtually all of Peoplelink’s confidential, proprietary, and trade secret information. Peoplelink eliminated Boutell’s position in November of 2021 due to budgetary reasons.

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Confidentiality Contracts Business Litigation 40

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. US proceedings were filed by PQ against CyberMetrics in October 2017, Mr Aughton was deposed in October 2021 and the proceedings then settled on confidential terms.

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LexBlog IP

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

Contracts 52

Contracts Intellectual Property Patent Infringement Government 52

Trading Secrets

JUNE 24, 2021

In the fourth installment of our 2021 Trade Secrets Webinar Series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green outlined recent legal developments in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions. Vast majority of cases involve misappropriation by electronic means.

Contracts 52

Contracts Confidentiality Litigation Business 52

Trading Secrets

JUNE 3, 2022

2021), the Third Circuit addressed the pleading requirements to assert a claim under Defend Trade Secrets Act (“DTSA”). 4:19-CV-00402, 2021 U.S. Tex August 4, 2021)(injunction prohibiting use or disclosure of trade secrets does not break causation regarding defendant’s continuing benefit from the misappropriation). Karya Prop.

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Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. 2021 WL 5893161 (S.D. Financial and Other Implications.

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The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions.

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Indiana Intellectual Property Law

JULY 12, 2021

Per the Complaint, Jarman, Criblez, and Kolb all signed confidentiality agreements in connection with their Watch employment. In January 2021, Watch claims it discovered the principal office address for GRiT was located at Jarman’s personal residence and that Jarman was holding himself out as a GRiT principal.

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The IPKat

AUGUST 29, 2021

Here is what Anja and Zihao write: China Passes Its First Comprehensive Data Protection Law by Anja Geller and Zihao Li China’s long-awaited Personal Information Protection Law (PIPL) was adopted on 20 August 2021 and will enter into force on 1 November 2021 (an unofficial English translation is available here ).

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Trading Secrets

JANUARY 19, 2022

the Defend Trade Secrets Act (“DTSA”), and a breach of contract claim as to the mutual Nondisclosure and Restricted Use Agreement (the “NDA”) executed by the parties in July 2014. Code §§ 134A.001 The court held Vita failed to prove either the existence of a trade secret or misappropriation by Foro.

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Patent Designs Design Confidentiality 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. January 2021. BPCIA Litigation. Conclusion.

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Trading Secrets

DECEMBER 19, 2023

The proposed Rule is the FTC’s first test of the broader powers that it claimed in its November statement, and the proposed Rule is much broader than anything that the Biden Administration had previously hinted at, including in then-candidate Biden’s platform campaign statement or the 2021 executive order.

Confidentiality 52

Confidentiality Litigation Business Law 52

Trading Secrets

MARCH 22, 2022

But the real question to me as a litigator is whether this doctrine should become part of the tool bag going forward. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions. 2021 WL 827749, at *6. Gutman , 24 F.4th

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Social Media Contracts Confidentiality Business 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

DECEMBER 19, 2023

The proposed Rule is the FTC’s first test of the broader powers that it claimed in its November statement, and the proposed Rule is much broader than anything that the Biden Administration had previously hinted at, including in then-candidate Biden’s platform campaign statement or the 2021 executive order.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

Indiana Intellectual Property Law

OCTOBER 5, 2022

An Employment Agreement that protected 3CHI’s Confidential Information and Trade Secrets was signed by the Defendant on March 7 th , 2021. During her employment, Journay was promoted to Marketing Manager.

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Marketing Marketing Confidentiality Government 52

43(B)log

AUGUST 17, 2021

Customer Data Breach Litig., 2972, 2021 WL 3568394 (D.S.C. 12, 2021) Query whether this kind of case will come out differently as TransUnion v. This litigation followed. In re Blackbaud, Inc., 3:20-mn-02972-JMC, MDL No. Ramirez gets further assimilated into the law. Blackbaud (good name!)

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Privacy Business Litigation Confidentiality 59

LexBlog IP

MARCH 27, 2023

It has limited knowledge of world and events after 2021 and may also occasionally produce harmful instructions or biased content.” Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. 2021-2347 (Fed.

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Trading Secrets

DECEMBER 29, 2022

This year’s series included: 2021 Trade Secrets & Non-Competes Year in Review. Protecting Confidential Information and Client Relationships in the Financial Services Industry. 2021 Trade Secrets & Non-Competes Year in Review. Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

This year’s series included: 2021 Trade Secrets & Non-Competes Year in Review. Protecting Confidential Information and Client Relationships in the Financial Services Industry. 2021 Trade Secrets & Non-Competes Year in Review. Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally.

Confidentiality 40

Confidentiality Business Law Contracts 40

LexBlog IP

JUNE 7, 2023

The EUIPO would conduct non-binding checks to determine whether a patent is essential to a standard; Before launching a litigation, parties to a SEP licensing dispute would have to go through a mandatory conciliation procedure administered by the EUIPO. Essentiality checks do not eliminate litigation.

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LexBlog IP

DECEMBER 22, 2021

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) hosted a virtual workshop on December 6-7, 2021, bringing together agency representatives, lawyers, economists, academics, and other experts to discuss issues affecting competition in the labor market (“Workshop”). How We Got Here. Our Response Letter.

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Marketing Marketing Contracts Government 52

LexBlog IP

APRIL 4, 2023

Stryker was involved in three other cases against Alphatec involving other former Stryker employees, and the Sixth Circuit found that Abbas “was privy to confidential information that if disclosed to Alphatec or Alphatec’s counsel, would detrimentally affect Stryker” in those other lawsuits. Marietta, Dist. where the U.S.

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Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Gallagher Data Breach Litigation , 631 F.Supp.3d Consumer Reviews * Route App, Inc. Heuberger , 2023 WL 5334192 (D. Are doctors still violating the Consumer Review Fairness Act to gag their patients?

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Technology & Marketing Law Blog

JULY 31, 2022

2021 CA 004450 2 (D.C. Setting up legal incentives to encourage noncompliance with investigatory demands is bad policy, but it’s still better than censorship-via-CID. Twitter has filed a petition for rehearing en banc. * Meta , Case No. Superior Ct. March 9, 2022). ” * Missouri v.

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