LexBlog IP

DECEMBER 2, 2021

A settlement agreement was reached where Elation could inspect the software developed by Shi and prevent the use of any trade secrets or confidential information. Elation is an important decision for California companies suing to recover and prevent the use of confidential information in violation of confidentiality agreements or NDAs.

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Confidentiality Settlement Publishing Contracts 52

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business.

Contracts 52

Contracts Business Confidentiality Privacy 52

Intellectual Property Law Blog

MARCH 9, 2022

Here, the relevant confidentiality agreement included a forum selection clause to govern patent and other intellectual property disputes between the parties, which stated in relevant part: [T]he Parties agree that all Potential Actions arising under U.S. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”).

Patent Infringement 130

Patent Infringement Intellectual Property Contracts Confidentiality 130

The IPKat

SEPTEMBER 4, 2023

The EUIPO published The Baseline of Trade Secrets Litigation in the EU Member States in 2018. On 28 June 2023, the EUPIO published the follow-up report , Trade Secret Litigation Trends In The EU , focusing on trends in trade secrets litigation since the implementation of the Directive.

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Reporting Litigation Contracts Publishing 70

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.

Contracts 98

Contracts Intellectual Property Patent Infringement Government 98

Technology & Marketing Law Blog

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. Bright Data responded by closing its Meta accounts and terminating its online contracts with Meta. Meta Platforms, Inc.

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Blogging Contracts Cease and Desist Confidentiality 98

JD Supra Law

JANUARY 19, 2022

Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection of trade secrets by contract, including non-competes and confidentiality provisions, is under attack around the country.

Confidentiality 52

Confidentiality Contracts Litigation Business 52

Traverse Legal Blog

MARCH 8, 2022

Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). They require both chain of tile and a contract setting forth the seller and buyers’ essential contract terms. NFTs are no different.

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Non-Fungible Tokens Artwork Licensing Branding 131

IP Tech Blog

FEBRUARY 8, 2024

Moreover, with fewer restrictions on employee mobility post-employment, it is important companies have adequate NDAs and confidentiality agreements in place to protect proprietary information. First, AB 1076 renders all noncompete clauses in employment contracts void. Second, AB 1076 introduces a notice requirement.

Law 57

Law Contracts Confidentiality Business 57

Patently-O

APRIL 25, 2023

NDAs can prevent disclosure of contractually-defined “confidential” information that is shared in the course of a confidential relationship, even if it is not technically a trade secret. NDAs have also not traditionally been treated as contracts in restraint of trade , like noncompetes are.

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Confidentiality Contracts Intellectual Property Law Journalism 53

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. An analysis of the pros and cons of each set of rules should be part of any relevant litigation strategy.

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Contracts Confidentiality Litigation Business 75

Trading Secrets

NOVEMBER 9, 2022

Doubly so in trade secret/non-compete litigation. million damages award, with about $500,000 awarded under the misappropriation claim and $3 million under the breach of contract claim. Third, the district court awarded the amount of placement fees that the recruiter received as damages for breach of contract. Jowers , No.

Contracts 59

Contracts Confidentiality Litigation Law 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. It is only by keeping up with the newest laws and court pronouncements that litigants can hope to prevail in this ever-changing landscape.

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Confidentiality Law Contracts Business 69

LexBlog IP

MAY 9, 2022

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. The issue is further exacerbated because adverse litigants in trade secret cases are frequently industry competitors. After all, both parties likely want their sensitive documents protected from disclosure.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

The IPKat

AUGUST 17, 2023

Indeed most IP litigators practicing in the UK have never had the pleasure of navigating what is now the King's Bench Division (KBD), spending most of their life in the comparatively modern Chancery Division. There was no written contract of employment. 1872) The cat - Felis domesticus., after a sell/transfer of shares).

Confidentiality 52

Confidentiality Contracts Business Litigation 52

Trading Secrets

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.

Confidentiality 64

Confidentiality Settlement Contracts Business 64

LexBlog IP

OCTOBER 1, 2022

alleging a pizza franchisee failed to maintain the confidentiality of Texas pizza chain CiCi Enterprises LP’s trade secrets after two affiliates inked a development deal with competitor, Papa John’s. 4] In addition to its federal and state trade secrets claims, CiCi Enterprises alleged a breach of contract.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

IIPRD

NOVEMBER 7, 2024

In the meanwhile, businesses need draft legal and binding employment contracts that are clear on choosing between securing the protection of their intellectual property and preserving the rights and freedom of their workers. Incidentally, unclear terms can lead to expensive litigation and disputes.

Intellectual Property 52

Intellectual Property Ownership Journalism Contracts 52

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.

Music 58

Music Contracts Confidentiality Litigation 58

Trading Secrets

OCTOBER 18, 2023

Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. Under existing California law, non-compete agreements with California employees are typically void.

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Law Contracts Business Confidentiality 59

LexBlog IP

FEBRUARY 8, 2024

Moreover, with fewer restrictions on employee mobility post-employment, it is important companies have adequate NDAs and confidentiality agreements in place to protect proprietary information. First, AB 1076 renders all noncompete clauses in employment contracts void. Second, AB 1076 introduces a notice requirement.

Law 52

Law Contracts Confidentiality Business 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

Without a comprehensive trade secret strategy, trade secret owners risk the loss of their intellectual property assets and expose themselves to the risk of trade secret misappropriation litigation. Such unauthorized use of another company’s intellectual property assets can expose a company to trade secret misappropriation litigation.

Confidentiality 52

Confidentiality Intellectual Property Contracts Litigation 52

Trading Secrets

FEBRUARY 23, 2023

in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages. The District of Maryland recently awarded a software developer a mere $1.00 In AirFacts, Inc.

Contracts 59

Contracts Licensing Litigation Confidentiality 59

LexBlog IP

AUGUST 17, 2021

A non-disclosure agreement (commonly called an “NDA”) is a contract between two or more parties agreeing that certain information exchanged between them will be kept confidential. By using an NDA, you can contractually obligate associates to maintain the confidentiality of certain information. Employee Handbooks.

Business 52

Business Confidentiality Contracts Branding 52

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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Copyright Infringement Copyright Confidentiality Copying 67

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. ” Whiteslate, LLP , 2021 WL 2826088, at *6. .” ” Whiteslate, LLP , 2021 WL 2826088, at *6. ” Id.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

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

43(B)log

DECEMBER 12, 2022

Windstream has a 2-year contract. With Spectrum there are no contracts. Plus, we will buy you out of your current contract up to $500.” interference with the Windstream entities’ contracts with their customers by the mailing campaign. Will they be able to provide the Internet and TV services you rely on in the future?

False Advertising 59

False Advertising Advertising Advertising Contracts 59

LexBlog IP

NOVEMBER 9, 2022

Doubly so in trade secret/non-compete litigation. million damages award, with about $500,000 awarded under the misappropriation claim and $3 million under the breach of contract claim. Third, the district court awarded the amount of placement fees that the recruiter received as damages for breach of contract. Jowers , No.

Contracts 52

Contracts Confidentiality Litigation Law 52

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. As a result, we’ve seen very, very few successful 512(f) enforcements.

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Registration Fair Use Copyright Design 132

LexBlog IP

OCTOBER 18, 2023

Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. Under existing California law, non-compete agreements with California employees are typically void.

Law 52

Law Contracts Business Confidentiality 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.

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Cease and Desist Confidentiality Contracts Business 59

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

LexBlog IP

MARCH 29, 2022

With the ever increasing move towards remote working, more and more out-of-state employers may find themselves in a California court pursuing or defending against claims that arose from an employment agreement that was ostensibly supposed to be litigated outside of California. The Superior Court, 75 Cal. 5th 844 (2022).).

Litigation 52

Litigation Contracts Confidentiality Government 52

Trading Secrets

JUNE 24, 2021

The webinar also covered how these latest developments impact counseling, litigation, and deals involving companies with employees based in Texas. Famous example is Coca-Cola recipe, but trade secrets are not limited to products alone and can also be processes, confidential information such as business plans, and other know how.

Contracts 52

Contracts Confidentiality Litigation Business 52

LexBlog IP

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.

Confidentiality 52

Confidentiality Settlement Contracts Business 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. Gutman , 24 F.4th 4th 785 (2d Cir.

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Social Media Contracts Confidentiality Business 59