Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

Generally, trade secrets refer to confidential information that confers a competitive advantage on its holder by virtue of being unknown by others. Generally, reasonable measures should be “adequate under the circumstances,” but go further than those used for ordinary confidential information. What Are Trade Secrets? DTSA § 1839.

Confidentiality 52

Confidentiality Intellectual Property Contracts Litigation 52

LexBlog IP

SEPTEMBER 29, 2021

further stresses the importance of carefully crafting the terms and conditions in a non-disclosure agreement (“NDA”), and ensuring there is no ambiguity as to when the NDA’s confidentiality protections expire. Emerson Electric Co. The Inclusion of Expiration Dates in NDAs.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

TorrentFreak

AUGUST 21, 2021

After the apparent demise of Area 51 but in advance of the settlement being finalized, it’s alleged that Tusa launched a close copy of Area 51 called SingularityMedia, which scooped up Area 51’s customers. In response, ACE contacted Tusa again and demanded that the new service was shut down. It later disappeared.

Cease and Desist 144

Cease and Desist Settlement Copyright Infringement Copyright 144

LexBlog IP

JUNE 28, 2022

To continue our series on trade secret employee contract clauses, we’ve surveyed the First Circuit for updates to the law relating to restrictive covenants. Provide the employee a copy of the noncompete agreement not less than 3 business days before the agreement is to be signed. Law Governing Restrictive Covenants.

Confidentiality 52

Confidentiality Business Government Intellectual Property 52

LexBlog IP

DECEMBER 20, 2023

“Customers” here includes both individual consumers and corporate entities who have entered into a contract for data processing services. The Act also provides for the Commission itself to adopt common specifications in the event that the European standardisation organisations fail to provide harmonised standards upon request.

Contracts 52

Contracts Business Law Journalism 52

Trading Secrets

DECEMBER 21, 2021

Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns. At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

DECEMBER 21, 2021

Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns. At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees.

Confidentiality 52

Confidentiality Law Contracts Business 52

LexBlog IP

JULY 7, 2021

Companies may therefore continue to negotiate their own individual contracts addressing the compulsory elements of Article 28(3) and (4) of the GDPR. Instead, the controller retains the choice as to whether the processor must delete or return the personal data, until following termination of the contract (clause 10(d)). Background.

Publishing 40

Publishing Contracts Confidentiality Business 40

IP and Legal Filings

AUGUST 19, 2022

A lot of electronic databases’ creators are willing to accept the risk and obligation of gathering a lot of raw data and then having to use it, despite the fact that the need for databases like phone directories is expanding in the business world as a whole. They are a powerful search engine that makes information easily accessible.

Copyright 52

Copyright Database Right Privacy Technology 52

JIPEL Copyright Blog

DECEMBER 1, 2021

It then uses an algorithm to yield “people analytics” based on the information and sells them to business clients for profit. LinkedIn sent a C&D letter, asking HiQ to stop accessing and copying the data based on the User Agreement. It can’t be interpreted more broadly to include other limitations by contracts or policies.

Contracts 40

Contracts Licensing Copying Confidentiality 40

Kashishipr

JUNE 23, 2021

It is a popular saying that “if it is worth copying, it is worth protecting.” For example, if a particular analysis from big data deduced a particular method of carrying out a business that may be useful in a given commercial sector, then such a business method can be patented. Conclusion.

Intellectual Property 98

Intellectual Property Invention IP Copyright 98

Trading Secrets

JUNE 3, 2022

The district court reasoned that plaintiff needed to demonstrate that the corporate defendant copied plaintiff’s project in order to satisfy the “use” requirement under the DTSA. Courts continue to demand strict compliance with procedural rules in connection with motions to seal confidential material even in trade secrets cases.

Law 59

Law Confidentiality Designs Design 59

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

IP and Legal Filings

JUNE 27, 2022

To reproduce, store, issue copies to public, perform, communicate, and make translation or adaptation of the work. TRADE SECRETS: Any set of information which is confidential and is necessary for the commerce of that business since they include potential commercial value and is not in public domain qualifies to be a trade secret.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 59

Fair Use Contracts Litigation Copying 59

43(B)log

AUGUST 17, 2021

In early 2020, “cybercriminals orchestrated a two-part ransomware attack on Blackbaud’s systems,” copying plaintiffs’ data and holding it for ransom. Blackbaud argued that it was not a “business” regulated by the Act. The cybercriminals then attempted but failed to block Blackbaud from accessing its own systems.

Privacy 59

Privacy Business Litigation Confidentiality 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In particular, under the new amendments, reference product sponsors (RPSs) are required to provide FDA with copies of any patent lists, along with patent expiration dates, within 30 days of when they were first provided to biosimilar applicants as part of the patent dance (pursuant to 42 U.S.C. § 262( l )(3)(A) or ( l )(7)). 694 at 11–12.)

Litigation 52

Litigation Settlement Marketing Marketing 52

Trading Secrets

DECEMBER 29, 2022

How Multijurisdictional Businesses Should Approach Non-Competes. Protecting Confidential Information and Client Relationships in the Financial Services Industry. Employee Mobility & Its Effects on Trade Secrets and Non-Competes. Anatomy of a Restrictive Covenant. Overview of Non-Compete Legislation and Enforcement Issues from 2022.

Confidentiality 59

Confidentiality Business Law Contracts 59

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 113

IP Copyright Trademark Intellectual Property 113

LexBlog IP

DECEMBER 29, 2022

How Multijurisdictional Businesses Should Approach Non-Competes. Protecting Confidential Information and Client Relationships in the Financial Services Industry. Employee Mobility & Its Effects on Trade Secrets and Non-Competes. Anatomy of a Restrictive Covenant. Overview of Non-Compete Legislation and Enforcement Issues from 2022.

Confidentiality 40

Confidentiality Business Law Contracts 40

Copyright Lately

MARCH 6, 2023

Cameron Boyce ( Runt ) Wagging Tails claims that the threatened disclosures would violate Coakley’s confidentiality agreement. The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

LexBlog IP

OCTOBER 5, 2022

In a post for Crowell’s Government Contracts Legal Forum , John McCarthy, Anuj Vohra and Daniel Wolff describe the decision that better defined what degree of competitive harm needs to be presented to support a trade secret invocation under the 2016 FOIA Improvement Act. In Busey Bank v.

Blogging 40

Blogging Confidentiality Government Litigation 40

43(B)log

APRIL 7, 2023

In Council, we had proposals for staydown; Netherlands asked for a modest duty of care; Germans wanted a 24-hour deadline copying NetzDG; Parliament wanted liability exemption for marketplaces except for illegality; staydown; and prohibition of automated filtering that would have prevented spam filters.

Due Diligence 52

Due Diligence Copyright Art Fair Use 52