Trading Secrets

SEPTEMBER 30, 2022

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. Vast majority of cases involve misappropriation by electronic means.

Contracts 75

Contracts Confidentiality Business Litigation 75

Patently-O

SEPTEMBER 7, 2022

Here, Amyndas (the one left out) had shared confidential information with both Zealand and Alexion (subject to contractual limitations). At that point, Amyndas sued–alleging breach of the Confidential Disclosure Agreements (CDAs); misappropriation of trade secrets; and conspiracy to use misappropriated information. ” Id.

Music 58

Music Contracts Confidentiality Litigation 58

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. The DTSA provides a virtually identical definition. ” Whiteslate, LLP , 2021 WL 2826088, at *6. ” Id.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

Trading Secrets

JULY 27, 2022

The letter further advised Macaroco that Vanity Lab would take legal action to enforce its rights in the event of a breach of her contract. The letter also stated that Macaroco was prohibited from practicing as an aesthetician for one year following the end of her employment with Vanity Lab.

Cease and Desist 59

Cease and Desist Confidentiality Contracts Business 59

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

IP and Legal Filings

MAY 29, 2022

DEFINITIONS UNDER VARIOUS ACTS. (1) Contract Law- the supply regarding restraint of commerce in Section 27 of the Indian Contract Act makes this clear. If this contract is desecrated, hefty penalties area unit bound to be charged to the vitiator. 1) In Burlington Home looking Pvt. vs chemical action Equipments P.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

LexBlog IP

MARCH 15, 2022

.” Defendants first argued that the network of salespeople and customer lists on Facebook were owned by them, as they have ownership interests in their Facebook profiles, and that because each defendant’s Facebook friends could see the rest of their friend network, these lists were not confidential. The court disagreed.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

IP and Legal Filings

AUGUST 19, 2022

The Indian Penal Code, 1860, prohibits data theft, and because the corporal property is included in the definition of movable property, information stored on a computer is also covered by the definition. The Indian Contract Act may be invoked by including a separate clause in the contract for database confidentiality.

Copyright 52

Copyright Database Right Privacy Technology 52

IP and Legal Filings

JANUARY 31, 2024

Introduction Although there isn’t a clear legal definition of “privacy,” some legal experts define it as a human right that each and every person has simply by virtue of their existence. Conversations on the telephone are often of an intimate and confidential character. It is independent of any charter or instrument.

Privacy 98

Privacy Personality Rights Confidentiality Law 98

Intepat

MAY 17, 2024

Contracts should clearly state who owns the rights to the prompts. The contract should detail the scope, duration, and limitations of the license. Also, contracts should include intellectual property clauses that address the ownership and usage rights of the prompts. In such cases, it amounts to licensing of copyrightable works.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

43(B)log

JUNE 15, 2022

Shelf space is vital to energy drinks, and so they contract for it, overriding retailers’ allocation discretion. So there was nothing here definitively “capable of being proved false or reasonably interpreted as a statement of fact.” Anyway, Monster failed to show literal falsity definitively.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

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

Trading Secrets

JUNE 24, 2021

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. Vast majority of cases involve misappropriation by electronic means.

Contracts 52

Contracts Confidentiality Business Litigation 52

The IP Law Blog

JANUARY 12, 2023

Items that were developed or created through the use of independent contractors, such as consultants, photographers, website and application developers, software developers, advertising agencies, graphic artists, production companies, and the like, may be company assets depending on contract terms.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

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

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 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

DECEMBER 6, 2022

All of the measures that are adopted to protect an innovation under the trade secret regime must be duly documented so that, in the event of litigation, the right owner may be able to provide evidence of the effective measures adopted to ensure the confidentiality of information, which is valued precisely for being kept secret.

Patent 52

Patent Confidentiality Invention Government 52

LexBlog IP

FEBRUARY 2, 2023

It would also require that employers take affirmative steps to rescind existing non-compete clauses and explicitly inform workers that the contracts are no longer effective. And the proposed rule does not stop there.

Blogging 52

Blogging Confidentiality Business Editing 52

Trading Secrets

JUNE 3, 2022

The defendant former employee was provided access to plaintiff’s confidential information during employment, including strategies on how to secure winning bids and information about plaintiff’s existing and potential clients. Reasonable Secrecy Efforts/Confidentiality to Protect Trade Secrets. See Hebert v. Unum Group , Case No.

Law 59

Law Confidentiality Design Designs 59

Trading Secrets

APRIL 5, 2022

The GTSA does not , however, preempt (1) “[c]ontractual duties or remedies, whether or not based upon misappropriation of a trade secret”; (2) “[o]ther civil remedies that are not based upon misappropriation of a trade secret”; or (3) “[t]he definition of a trade secret contained in [another Georgia statute].” O.C.G.A. § 10-1-767(b).

Business 59

Business Confidentiality Contracts Law 59

LexBlog IP

JANUARY 12, 2023

Items that were developed or created through the use of independent contractors, such as consultants, photographers, website and application developers, software developers, advertising agencies, graphic artists, production companies, and the like, may be company assets depending on contract terms.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

NOVEMBER 28, 2023

So ubiquitous are they in cultural parlance that a definition for them is barely necessary here. The court ruled in favor of Grumpy Cat Limited, awarding $710,000 in damages for trademark and copyright infringement, as well as breach of contract. Warner Bros. Entertainment Inc. Fox News Network, LLC v. TVEyes, Inc.:

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

FDA was involved in preparing for the transition date by issuing relevant guidance and promulgating a final rule addressing the definition of “biological products” subject to the transition. Non-Confidential Brief for Plaintiff-Appellant at 25, 35.) Corrected Non-Confidential Opening Brief of Plaintiff-Appellant at 1–3.)

Settlement 52

Settlement Litigation Marketing Marketing 52

The IPKat

AUGUST 29, 2021

First of all, the PIPL contains much-needed definitions, most of which are similar to those in the GDPR. Notification of individuals is necessary unless it interferes with the performance of their statutory obligations or when there is a specific statutory rule requiring confidentiality. According to Art.

Law 97

Law Art Privacy Government 97

LexBlog IP

DECEMBER 20, 2023

. “Customers” here includes both individual consumers and corporate entities who have entered into a contract for data processing services. Interoperability Obligations Chapter VIII sets out requirements to facilitate the interoperability of data and data sharing mechanisms.

Contracts 52

Contracts Business Law Journalism 52

The IPKat

SEPTEMBER 4, 2023

This analysis identified four themes common to the thrust and parry of trade secret litigation in recent years: The definition of “trade secrets” in Article 2.1. The report also included a highly interesting and neatly presented qualitative analysis of EU trade secret litigation based on the data set.

Reporting 71

Reporting Litigation Contracts Publishing 71

IPilogue

JANUARY 9, 2023

Some work highlights for me personally were: drafting a procurement contract, investigating the Patented Medicines Prices Review Board (“PMPRB”) Draft Guidelines, and drafting a response to an Access to Information request. AstraZeneca is a global company, some contracts can require engaging in services in other countries.

Business 110

Business Privacy Contracts Confidentiality 110

Trading Secrets

DECEMBER 29, 2022

Protecting Confidential Information and Client Relationships in the Financial Services Industry. Anatomy of a Restrictive Covenant. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes. How Multijurisdictional Businesses Should Approach Non-Competes. its training procedures, and its off-boarding policies.

Confidentiality 59

Confidentiality Business Law Contracts 59

Trading Secrets

DECEMBER 19, 2023

The NLRB and Restrictive Covenants: Trends in Employment Confidentiality View the Recording – CLE credit for this recording expires on July 19, 2024. Companies should be mindful of state-specific restrictions in employment confidentiality obligations to avoid potential conflicts. 15 USC § 45(2).

Confidentiality 52

Confidentiality Litigation Business Law 52

LexBlog IP

DECEMBER 19, 2023

The NLRB and Restrictive Covenants: Trends in Employment Confidentiality View the Recording – CLE credit for this recording expires on July 19, 2024. Companies should be mindful of state-specific restrictions in employment confidentiality obligations to avoid potential conflicts. ” 15 USC § 45(2).

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

LexBlog IP

DECEMBER 29, 2022

Protecting Confidential Information and Client Relationships in the Financial Services Industry. Anatomy of a Restrictive Covenant. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes. How Multijurisdictional Businesses Should Approach Non-Competes. its training procedures, and its off-boarding policies.

Confidentiality 40

Confidentiality Business Law Contracts 40

Kluwer Copyright Blog

MARCH 8, 2023

Having called the parties to submit their memorandums and present their opinions and arguments against each other, the Committee is entitled, even if one of the parties did not take part in the procedure, to issue a confidential opinion regarding the appropriate amount of the remuneration due, on the basis of the criteria set out in the Regulation.

Publishing 52

Publishing Art Related Rights Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

AbbVie alleged that “Alvotech embarked on an unlawful plot to surreptitiously take AbbVie’s confidential and proprietary trade secrets related to the confidential large scale manufacturing process for HUMIRA ® in order to develop and manufacture its copycat product [AVT02].” (-1530 Dkt. 1:21-cv-01530 N.D. See, e.g. , Dkt. 126, 132.)

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

DECEMBER 15, 2022

District Court for the Central District of California has issued a highly factual decision that addresses, among other things, the intersection of a researcher’s general skill and knowledge and his former employer’s confidential research information. In Masimo Corp. True Wearables, Inc., True Wearables, Inc.,

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

SpicyIP

JANUARY 3, 2025

In addition, documents were filed showing communication between the former employees and the competing company discussing confidential data. Thus, in this case it is pertinent to determine whether the data in question can be classified as trade secrets or confidential information.

Confidentiality 105

Confidentiality Intellectual Property Public Domain Blogging 105

LexBlog IP

NOVEMBER 15, 2023

Models meet this definition even if they are provided to end users with technical safeguards that attempt to prevent users from taking advantage of the relevant unsafe capabilities. ”

Privacy 40

Privacy Intellectual Property Government Technology 40

SpicyIP

JANUARY 13, 2025

Discussing the Delhi High Court’s clarification regarding the economic value of the information to qualify as confidential information, SpicyIP Intern Bharathwaj Ramakrishnan explains the Court’s finding in Cigma Events v. Deepak Gupta. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP.

Confidentiality 59

Confidentiality Contracts Intellectual Property Reporting 59