Intellectual Property Law

Intellectual property rights regarding export

Posted on January 02, 2009
By Khizar Alam Khan Pakistan Observer Newspaper online edition Pakistan provides a wide range of protection for intellectual property through the federal registration of trademarks and service marks through federal patent protection and copyright protection under state laws, through protection of trade secrets and marks...

EPA leaves public in the dark about thousands of dangerous chemicals

Posted on December 30, 2008
Sun Editorial In its mission to protect human health and the environment, the U.S. Environmental Protection Agency is supposed to act as a clearinghouse for information about hazardous chemicals. However, an analysis by the Milwaukee Journal Sentinel found that the EPA is making it difficult for people to find information about chemicals and is allowing companies to keep compounds, including those shown to cause cancer and respiratory problems, secret...

Lessons From the Madoff Scandal

Posted on December 30, 2008
By James B. Stewart (Author Archive) Now that some of the dust is settling around the Bernard Madoff scandal -- he allegedly admitted to bilking his investors out of at least $50 billion -- there has been a growing tendency in some quarters to blame the victims, at least in part...

Pfizer to pay $38M or more in Calif. trade-secrets decision

Posted on December 28, 2008
By Lee Howard Pfizer Inc. has been ordered to pay at least $38 million - and may owe more than $100 million - to settle a California trade-secrets lawsuit, The San Jose Mercury News has reported. The verdict, after a six-week trial, found that Pfizer had conspired to steal trade secrets from the nonprofit Ischemia Research and Education Foundation of San Bruno, Calif...

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Local glass designer bending light

Posted on December 27, 2008
By Dick Russ John Blazy and his incredible works of art are making their way from his Parma workshop to all parts of the country. John, the founder and owner of John Blazy Designs, has invented and perfected the manufacture of what he calls "Dichrolam...

Lawmakers seek transparency in doctor-drug industry relationships

Posted on December 26, 2008
By Daniel Barlow Times Argus Online MONTPELIER - Some lawmakers are envisioning a future where Vermonters can type in a doctor's name into an on-line database and see exactly how much - if any - money they receive from the pharmaceutical industry. For several years now, the Vermont Attorney General's Office has issued a report detailing the amount of money those in the medical field receive from the pharmaceutical industry...

ND Ill - Party could not assert a trademark right in idea for name.

Posted on December 26, 2008
Welsh v. Big Ten Conference, Inc. (11/21/08) The court granted in part and denied in part Big's motion to dismiss Welsh's amended complaint and request for attorney fees. Welsh's theory was that he owned the rights to certain trade secrets (namely the "Big Ten Network" and the business ideas it encompassed as described in Welsh's business plan) and that Big obtained its registration for the "Big Ten Network" mark by not telling the PTO that Welsh had rights in those trade secrets...

This case requires us to construe an exclusion barring coverage for "any claim arising out of any misappropriation of trade secret" in a professional liability policy

Posted on December 26, 2008
This case requires us to construe an exclusion barring coverage for "any claim arising out of any misappropriation of trade secret" in a professional liability policy issued by the defendant, National Union Fire Insurance Company of Pittsburgh, Pennsylvania (National Union), to the plaintiff, Uniscribe Professional Services, Inc...

Privilege-Wise and Patent (and Trade Secret)-Foolish?: How the Courts' Misapplication of the Military and State Secrets Privilege Violates the Constitution and Endangers National Security

Posted on December 26, 2008
Davida H. Isaacs Northern Kentucky University - Salmon P. Chase College of Law Robert Michael Farley Patterson School of Diplomacy and International Commerce Berkeley Technology Law Journal, Forthcoming Abstract: It is every inventor's nightmare: a valuable idea, stolen, with no legal recourse...

IDENTIFYING AND KEEPING THE GENIE IN THE BOTTLE: THE PRACTICAL AND LEGAL REALITIES OF TRADE SECRETS IN BANKRUPTCY PROCEEDINGS

Posted on December 25, 2008
44 Gonz. L. Rev. 81 (2008) Sharon K. Sandeen Anyone who has paid attention to developments in the world of business over the past quarter century knows that intellectual property ("IP") is a hot commodity. Indeed, in contrast to companies that emerged from the Industrial Revolution, many of the companies spawned during the Information Age attribute much of their value and prospects to intangible, rather than tangible, assets...

The Sidney B. Williams, Jr. Intellectual Property Law Scholarships

Posted on December 25, 2008
The Foundation is awarding $10,000 Scholarships for Minority Scholars as well as arranging internships and mentorships to assist under-represented minority law school students entering intellectual property law. Because of the central role intellectual property (patents, trademarks, trade secrets and copyrights) will have on the future of our country and the world, it is critical that the legal profession serving this strategic area strive mightily to reflect the rich diversity of our great nation...

Pfizer to pay $38M or more in Calif. trade-secrets decision

Posted on December 25, 2008
By Lee Howard The verdict, after a six-week trial, found that Pfizer had conspired to steal trade secrets from the nonprofit Ischemia Research and Education Foundation of San Bruno, Calif., in an effort to develop the painkiller Bextra. The lawsuit alleged that Pfizer stole a database on cardiovascular risks associated with drugs like Bextra...

Santa Clara County jury orders Pfizer to pay $38 million in stolen trade secrets case

Posted on December 23, 2008
By Howard Mintz A Santa Clara County jury on Monday ordered Pfizer to pay $38 million to a leading San Bruno medical research firm for stealing trade secrets to develop a pain relief drug that eventually was taken off the market. Concluding a six-week trial, the Superior Court jury also found that Pfizer and a former employee of the research firm could be liable for punitive damages, which could triple the judgment and catapult the verdict beyond $100 million...

Grocer Loses Bid To Keep Trade Secrets Away From Whole Foods

Posted on December 22, 2008
By Brent Kendal The FTC is seeking to undo Whole Foods' 2007 acquisition of rival Wild Oats Markets Inc., arguing that the merger would lessen competition in the market for natural and organic foods. The commission is holding an administrative trial in February on the legality of the merger...

GROUND ZERO ON WALL STREET: FED FUNDS AND T-BILLS HIT 0% INTEREST

Posted on December 20, 2008
By Ellen-Brown In the last two weeks, two federal interest rates hit all-time record lows. On December 16, the market was taken by surprise when Fed Chairman Ben Bernanke lowered the federal funds rate (the interest banks pay to borrow the reserves they need to meet their reserve requirement) to zero...

Computers making guarding precious information a challenge

Posted on December 19, 2008
By Max Marbut Computers have changed global business by allowing more data to be processed and stored in more places and accessed by more people than in any time in history. In some ways, the technology has created new commercial advantages. In other ways, it has created consequences, depending on the nature of the data, who has access to it and what they are able to do with that data...

Intellectual Property Issues in Asset-Based Lending

Posted on December 18, 2008
By Richard Raysman and Peter Brown New York Journal According to the U.S. Patent and Trademark Office, U.S. intellectual property is worth more than $5 trillion. Intellectual property is considered a "general intangible" within the meaning of UCC §9-106...

Anastasia Beverly Hills Wins Eyebrow-Raising Multimillion Dollar Verdict in Salon Trade Secret Suit

Posted on December 17, 2008
By Anastasia Beverly Hills Marking a significant win for small, independently owned companies, especially those whose protected trade secrets are illegally exported abroad, Anastasia Beverly Hills has won a multimillion dollar trade secret judgment against Japanese company LuyVie, Inc...

Will Ponzi schemes now be known as Madoff schemes?

Posted on December 16, 2008
By Jeff Ostrowski For decades, Charles Ponzi has been known as the king of the scammers. But Bernard Madoff makes Ponzi look like a piker. After all, Ponzi raised a measly $15 million back in 1920, a fraction of the $50 billion Madoff is alleged to have swindled...

Accenture, Guidewire Allegations Dismissed -- Accenture's 'bare allegations' are deemed insufficient to support either a claim that Guidewire stole trade secrets or the charge that Guidewire could be damaged by such allegations.

Posted on December 15, 2008
12/1/08 Ins. & Tech. 15 (2008) Anthony O'Donnell The Delaware U.S. District Court has dismissed both Accenture's trade secret misappropriation charges against Guidewire Software and Guidewire's subsequent charges claiming that Accenture's allegations constituted bad faith litigation that was harmful to Guidewire's prospects in the marketplace...

Wallis v. PHL Associates, Inc. (Cal App 11/25/08)

Posted on December 15, 2008
Dale Wallis sued PHL and others for using a vaccine that she allegedly invented; PHL filed a cross-complaint against Dale Wallis, James Wallis, and Hygieia Biological Laboratories for misappropriation of trade secrets. A jury trial was conducted on the complaint only, with the jury finding in favor of Wallis...

S.D. New York : DEUTSCHE BANK SECURITIES INC., Plaintiff

Posted on December 15, 2008
Provider of investment banking services brought action against clients, alleging claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and misappropriation. Clients filed counterclaims for breach of contract and professional malpractice...

Jury Verdict : Telsa Motors sought the money the company paid for the design of the WhiteStar, reportedly about $800,000.

Posted on December 15, 2008
In 2007, plaintiff Telsa Motors Inc., a producer of electric cars based in San Carlos, hired Fisker Coachbuild, LLP to design the interior and exterior of the WhiteStar, a proposed all-electric, four-door sedan. In November, the design was completed, and the relationship ended...

China irks US with computer security review rules

Posted on December 15, 2008
The Chinese government is stirring trade tensions with Washington with a plan to require foreign computer security technology to be submitted for government approval, in a move that might require suppliers to disclose business secrets. Rules due to take effect May 1 require official certification of technology widely used to keep e-mail and company data networks secure...

Magleby & Greenwood Score Win for ClearOne

Posted on December 15, 2008
The law firm of Magleby & Greenwood, P.C. scored a multi-million dollar damages award for ClearOne Communications, Inc. in a jury trial for misappropriation of trade secrets (and other claims) conducted last month, presided over by Judge Tena Campbell...

Columbus Steel Castings v. King Tool (Ohio App 12/4/08)

Posted on December 15, 2008
Columbus sued King and Alliance Castings Co. for misappropriation of trade secrets and related claims. The trial court granted summary judgment in favor of Alliance and the appellate court affirmed in part and reversed in part. Both Columbus and Alliance produce bolsters for railroad cars; bolsters are steel crossbeams that are positioned under railroad cars for support and stabilization...

State secret: Who owns video lottery?

Posted on December 15, 2008
By Jonathan Ellis Argus Leader The people of South Dakota have partnered with the video lottery industry for nearly 20 years, but the people know very little about their partners. South Dakota law bars citizens from accessing other than the most basic information about the industry...

Don't Steal, The Federal Reserve Hates Competition

Posted on December 13, 2008
by Marc Gallagher The news that the Federal Reserve refuses to disclose the recipients of $2 trillion in lending leaves me (and should leave you) madder than hell. If every emergency, no matter how slight, results in the immediate suspension of our right to know, then one might reasonably question whether it is a right at all and whether this is a democracy...

As Economy Falters, More Employers Sue to Enforce Noncompetition Agreements

Posted on December 11, 2008
By Kate Fazzini IBM was alarmed when Mark D. Papermaster, a 26-year veteran assigned to an "elite" unit with access to closely guarded information about the company's technology and business strategies, told his superiors that he planned to take a job with Apple Inc...

How proprietary is your confidential information?

Posted on December 10, 2008
By: Sverre Roang Preparing a protection plan A better approach is to actively seek out and define the information, processes, and expertise within your company that are valuable and will remain valuable so long as they are secret. The next step is to implement a trade secret protection program...

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