Intellectual Property Law

TRADE SECRET MORE ATTRACTIVE TO VENTURE CAPITAL INVESTORS THAN A "WEAK" PATENT

Posted on September 20, 2008
Intellectual Property - The Basis for Venture Capital Investments Mario W. Cardullo Venture capitalists want to maximize returns and minimize risks. The risks they must consider in reference to the intellectual property include: market, financial, management and technological...

"Three Pitfalls for Trade Secret Plaintiffs"

Posted on September 20, 2008
by Benjamin K. Riley, Spring/Summer 2008. (cite: ABA Business Torts Journal: Trade Secrets Issue. Vol. 15 Num. 3; posted 09/16/2008; © 2008 Benjamin K. Riley) is available to IPO and ABA IP Section members with passwords.

SUN MEDIA SYSTEMS, INC., Plaintiff v. KDSM, LLC and Sinclair Broadcast Group, Inc., Defendants

Posted on September 20, 2008
A direct mail advertiser, which conducted advertising campaigns for television broadcasters, filed suit against broadcasters, alleging copyright infringement, breach of contract, and misappropriation of trade secrets. Broadcasters filed motion for summary judgment...

Groups want registry for gifts to doctors

Posted on September 20, 2008
BY JOHN CURRAN MONTPELIER -- Calling transparency the best antidote to influence buying, two groups involved in mental health called on the state Wednesday to close a loophole in disclosure laws that allows drug companies to make donations to doctors without publicly identifying the recipients...

To access this complete feed in the blog feed reader login or register for free.

Coca-Cola and KFC's secret formulas are safe--for now

Posted on September 18, 2008
By Emily Ngo, amNewYork Nation/World Editor The famed formula behind its soda -- under wraps for 122 years and stowed in an Atlanta bank vault -- is rarely accessed. Executives won't even disclose how many employees know the formula, acknowledging only that the number is low...

PROTECTION OF U.S. TRADE SECRET ASSETS: CRITICAL AMENDMENTS TO THE ECONOMIC ESPIONAGE ACT OF 1996

Posted on September 17, 2008
Compliments of our friend and global trade secret expert R. MARK HALLIGAN Protection of US Trade Secret Assets.pdf ABSTRACT In order to protect the economic interests of the United States, the Economic Espionage Act was enacted in 1996. Although intended to prevent and deter trade secret theft, the EEA is limited to criminal prosecutions...

PROPOSING A MECHANISM FOR REMOVING TRADE SECRETS FROM THE INTERNET

Posted on September 17, 2008
12 No. 3 J. Internet L. 3 (September, 2008) Elizabeth A. Rowe Late on a Friday afternoon in October, Wal-Mart executives discover that the content of their sales circulars for the entire Christmas season has just been posted on fatwallet.com, a bargain-shoppers discussion forum...

Jury Verdict : Parties Traded Suits Over Use of Plaintiffs' Customer List

Posted on September 17, 2008
The plaintiffs sought $171,000 for lost profits, $320,000 for punitive damages, and an unspecified amount for general damages and costs incurred to replace the defendants' services. In January 2003, plaintiffs Huong Que Inc. and Con Tu purchased a calendar-publishing business from Mui Luu and Cu Tu Nguyen, who were also retained as managing agents...

Trade Secrets Case Highlights Electronic Records Issues

Posted on September 17, 2008
From our friends at IPfrontline Tuesday, September 16, 2008 by: William A. Nolan Departing employees can all too often spawn trade secret litigation in the chemical industry. This longtime issue is now frequently combined with the newer issues associated with electronic discovery...

CHINA´S NATIONAL IP STRATEGY 2008 PROPOSES TO BUILD A "TRADE SECRET" SYSTEM

Posted on September 17, 2008
Worldwide: China´s National IP Strategy 2008 Feasible Commitments Or Road To Nowhere Paved With Good Intentions? Danny Friedmann China's State Council promulgated a national intellectual property strategy [1]. In the policy document there is a lot of talk about doing everything more efficient and more effective...

United States: Trade Secrets Case Highlights Electronic Records Issues

Posted on September 16, 2008
This case illustrates some interesting possibilities. First, it is likely a company will reveal its wrongful use of its competitor's proprietary information through electronic "fingerprints." A company that utilizes a competitor's proprietary information in its business probably has committed it to electronic form, and, if you are the plaintiff, you may well be able to find it...

Judge: Worker, Chinese businesses stole Serenex trade secrets

Posted on September 15, 2008
Durham biotech company Serenex Inc. has won a $57.5 million judgment against a former contract worker and others who, a judge says, spied on Serenex and stole its trade secrets.

INDIAN GIANT TATA MOTORS ARGUES: "AGREEMENT BETWEEN THE THREE PARTIES A TRADE SECRET"

Posted on September 14, 2008
Tata Motors argument before the Calcutta High Court of treating The Tata Nano project as a commercial project for the purpose of disclosure of its pact with West Bengal Industrial Development Corporation (WBIDC) and treating the same as Trade Secret has not gone down well...

Former Intel engineer charged with stealing trade secrets

Posted on September 14, 2008
Between June 8 and June 10, while working for both chip makers, Pani allegedly remotely accessed and downloaded 13 top secret documents from an encrypted system at Intel. Some of the downloaded documents allegedly include design details on Intel's newest chips...

INTERNATIONAL ASPECTS OF TRADE SECRETS LAW FOR MANAGEMENT OF TRADE SECRETS OUTSIDE UNITED STATES

Posted on September 13, 2008
International Aspects of Trade Secrets Law by Karen A. Magri There is no global law of trade secrets or even a definition of what constitutes a trade secret. Moreover, unlike the case for patent, copyright, and trademark law there are no comprehensive international treaties pertaining to trade secrets...

Big Pharma and Health Care: Unsolvable Conflict of Interests Between Private Enterprise and Public Health/Commentary/Author's Response

Posted on September 12, 2008
Recent events and reports increasingly suggest misalignment between the interests of the pharmaceutical industry and those of public health. Johnson & Johnson illegally and effectively promoted Propulsid off-label for children despite internal company documents raising safety concerns...

Indian Government Committee: "trade secrecy" form of protection is sufficient to comply with Article 39.3 of TRIPS

Posted on September 11, 2008
INDIAN GOVERNMENT COMMITTEE SAYS "NO" TO DATA EXCLUSIVITY by Shamnad Basheer on http://spicyipindia.blogspot.com/ After multiple deliberations spanning more than 3 years, a government committee has finally submitted its report on regulatory data protection and Article 39...

Dassault Systemes Confirms Media Report Concerning a Trade Secret Violation by Siemens PLM Software GmbH

Posted on September 11, 2008

THE IDENTIFICATION ISSUE IN TRADE SECRET LITIGATION

Posted on September 06, 2008
8/26/2008 Legal Intelligencer Darin W. Snyder and David S. Almeling Trade secret litigation presents a unique issue in intellectual property litigation. With all other types of intellectual property, the subject matter is identified in publicly available material -- a registered copyright or trademark, an issued patent or a publicly available product...

TRADE SECRETS AND THE ROME II REGULATION ON THE LAW APPLICABLE TO NON-CONTRACTUAL OBLIGATIONS

Posted on September 06, 2008
E.I.P.R. 2008, 30(8), 309-319) European Intellectual Property Review TRADE SECRETS AND THE ROME II REGULATION ON THE LAW APPLICABLE TO NON-CONTRACTUAL OBLIGATIONS Christopher Wadlow. Discusses the protection of trade secrets in private international law, focusing on the impact of Regulation 864/2007 (Rome II)...

Boston energy company faces suit ; Fall River company files patent infringement case over trade secrets

Posted on September 06, 2008
JON CHESTO; By JON CHESTO, The Patriot Ledger BOSTON - A Boston energy company that makes synthetic gas from construction and demolition debris faces a legal fight from a pair of firms that claim their patents and trade secrets have been misappropriated...

Jury Verdict : Legal Battle After Dairy Feed Workers Formed Rival Company

Posted on September 06, 2008
Cargill and Can claimed $10.4 million in damages as a result of the alleged misappropriation of trade secrets and breach of the confidentiality agreement. On Jan. 31, 2007, Matt Budine, Brian Sundberg and Luciana Jonkman left plaintiff Cargill Incorporated to form their own dairy-nutrition consulting business, Progressive Dairy Solutions Inc...

Court of Appeals of Georgia: Atlanta Bread Company International, Inc. v. Lupton-Smith et al.

Posted on September 01, 2008
663 S.E.2d 743, 2008-1 Trade Cases P 76,184, 8 FCDR 1907 Franchisee brought action against franchisor, alleging that franchisor wrongfully terminated franchise agreements. The Superior Court, Cobb County, Robinson, J., granted partial summary judgment in favor of franchisee, denied franchisee's motion for judgment on the pleadings, and denied franchisor's motion for summary judgment...

Superior Court, San Mateo County, California: Radiant Skincare Clinic v. Linda Moore and Rejuvenate Inc.

Posted on September 01, 2008
Radiant Skincare sought damages for lost profits and unjust enrichment, as well as punitive damages. In 2002, plaintiff Radiant Skincare Clinic began providing non-surgical aesthetic services. In 2004, Linda Moore, one of the founding partners, left to start a competing business, Rejuvenate Inc...

U.S. District Court, W.D. Texas : Spectrum Creations L.P. v. Carolyn Kinder International LLC and The Uttermost Co.

Posted on September 01, 2008
Spectrum sought $21.2 million in lost profits as of August 2006, and CKI was seeking royalties of $1 million. Each said its damages were continuing to accrue. They also sought attorney fees. Plaintiff Spectrum Creations, a seller of lamps, light fixtures, and other home decorating products, claimed that lamp designer Carolyn Kinder International (CKI) failed to provide all the designs called for in their 2003 design services agreement...

SD NY - Reverse engineering process was fatally tainted.

Posted on September 01, 2008
Faiveley Transport Malmo AB v. Wabtec Corp. (8/22/08) The court granted in part and denied in part Faiveley's motion for a preliminary injunction. The information at issue (data set forth in manufacturing drawings) did constitute trade secrets. Such information was not widely known outside the business; the evidence showed that no other company had succeeded in producing a complete BFC TBU unit...

Protecting Trade Secrets

Posted on September 01, 2008
Paul A. Tedesco Introduction Universities, contract research and early stage companies involved in drug discovery or development of platform technologies will often partner with larger firms. Patent applications are usually inappropriate during these preliminary phases, yet most of these collaborations require considerable transfer of files and data between and among different entities...

"Intellectual Property and Restrictive Covenants" Free Download on SSRN

Posted on September 01, 2008
ENCYCLOPEDIA OF LABOR AND EMPLOYMENT LAW AND ECONOMICS, Dau-Schmidt, Harris & Lobel, eds., Edward Elgar Publishing, 2009 San Diego Legal Studies Paper No. 08-059 ORLY LOBEL, University of San Diego - School of Law, Harvard Law School Email: lobel@sandiego...

Invista Sues DuPont and Rhodia to Over ADN Trade Secrets

Posted on August 23, 2008
8/19/08 Chemweek's Business Daily Koch Industries ' (Wichita, KS) fibers subsidiary Invista has filed a lawsuit against DuPont and Rhodia, alleging that the two companies have "teamed up to steal" Invista's butadiene-based adiponitrile (ADN) technology...

Tennessee Uniform Trade Secrets Act -- a primer for trade secret holders

Posted on August 23, 2008
Baker Donelson Bearman Caldwell & Berkowitz PC Bradley E. Trammell The Tennessee Uniform Trade Secrets Act (TUTSA) was enacted by the Tennessee General Assembly to provide protection to individuals and businesses who possess trade secrets. Thus, Tennesseans who have trade secrets should be guided by the Act and the case law interpreting the Act...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.