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Intellectual Property Law

Womble Trade Secrets Blog

Womble Carlyle lawyers Press Millen and Todd Sullivan follow trade secrets law.

Post Frequency: 2.7/day

Last Entry: May 17, 2016 at 17:52:00

"Defend Trade Secrets Act" - How Will This New Law Affect Your Business?

Posted on May 17, 2016
With a near unanimous (410-2) vote on April 27, 2016, the House passed the ?Defend Trade Secrets Act? (?DTSA?). Having already been passed by the Senate (87-0), the legislation advances to President Obama, who has signaled that he will sign the bill into law...

Trade Secrets of the Assault Rifles

Posted on September 17, 2013
From the Daytona Beach News-Journal of Florida, a Florida contribution to the evolving role of trade secrets, concerning old-fashioned stealing, a vendetta against a former employee, and, of course, assault weapons.The paper reports that two men -- Mark Hazelip and Jake Economou ? were arrested and charged with stealing trade secrets from Tactical Machining of Deland, Florida, a company that produces upper and lower receivers for AR-15 rifles...

Uncle Sam?s Economic Espionage ? Not Looking for Your Trade Secrets

Posted on September 10, 2013
From India?s Business Standard, a report on the comforting information, I guess, that the NSA?s collection of information from private companies is not looking for trade secrets, but only following terror money as it moves around the world.This follows on the heels of reports that the NSA has hacked into the systems of various foreign companies including a Brazilian state oil company...

John Deere in Trade Secrets Dispute with Former Factory General Manager

Posted on August 23, 2013
From the Business Section of the Waterloo Cedar Falls (IA) Courier, a story concerning a trade secrets case by agricultural equipment maker Deere & Co. against the long-time general manager of its largest combine factory.Deere is seeking injunctive relief against Eric Hansotia, who was hired by Deere competitor AGCO into a position that "significantly overlaps" his old job...

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Chinese Trade Secrets Theft Hits US Universities

Posted on May 22, 2013
Chinese trade secrets theft, although extensive, has generally focused on US businesses.Now, in a new twist, Reuters reports that three Chinese researchers at NYU Langone Medical Center have been charged in federal court with bribery in connection with theft of trade secrets relating to MRI technology...

Man Bites Dog!

Posted on April 22, 2013
From the Morning Whistle, an unsourced report that publisher and education company Pearson has been sued for stealing the trade secrets of a Chinese competitor, CentriPoint (China). According to the report, Pearson VUE, Pearson?s computer-based testing division, acquired Certiport on May 15, 2012, but decided to suspend the online service of Certiport (China)...

Trade Secrets Finally Gets Toward the Top of the National Agenda

Posted on February 24, 2013
You know trade secrets has finally hit it big when the subject is covered in USA Today and the report is on the Obama Administration?s a new strategy to combat the theft of American trade secrets.The administration has released its 141-page Strategy on Mitigating the Theft of U...

Bratz-Mattel Doll Fight Ends Not with a Bang But a Whimper

Posted on January 28, 2013
We?ve covered this case, it seems, this the beginning of time. (See, for example, an earlier summary here.)Now it looks to be all over.A pr�cis goes like this: designer leaves Mattel to go to MGA Entertainment where he designs the popular Bratz line of dolls...

A Video Overview of the Economic Espionage Act

Posted on January 23, 2013
From me (click the link), a short description of the recent changes in the EEA.

Do Computer Fraud & Abuse Act Prosecutions Sometimes Go Too Far?

Posted on January 15, 2013
Offered here without commentary, an article from Slate concerning the recent suicide of Aaron Swartz who was set to go on trial next month for violations of the Computer Fraud & Abuse Act for unlocking a database of scholarly articles.Prosecutors charging decisions ? particularly the amount of prison time and penalties to be sought ? are generally discretionary, rarely reviewable, and certainly subject to abuse (and not just under the CFAA)...

More on Economic Espionage Act Amendments

Posted on January 03, 2013
From IP 360, a story concerning the amendments to the Economic Espionage Act. The story quotes John Marsh of Hahn Loeser & Parks LLP as saying that the two bills passed by Congress represent "a strong commitment by the federal government to broaden the protections of trade secrets...

Amendment to Economic Espionage Act

Posted on January 02, 2013
Don?t say Congress can?t get anything done. At the end of the session, they managed to pass Senate Bill 3642 which changes ? slightly ? the definition of what trade secrets are covered under the Act. In the Aleynikov case that we reported about over the years, the defendant managed to walk because the trade secrets he stole were not ?produced? for use in interstate commerce...

China?s Economic Espionage

Posted on November 16, 2012
From Foreign Affairs, an excellent article by James A. Lewis on ?China?s Economic Espionage.? According to Lewis, China is the world?s most aggressive practitioner of economic espionage, targeting key industries such as telecom, aerospace, energy and defense...

More Kolon Troubles

Posted on October 21, 2012
We?ve reported on it a bunch, but now there?s more trouble in the case involving theft of trade secrets from DuPont by South Korea?s Kolon Industries.The US Attorney in Richmond has indicted the company and five officials, charging them with trade secrets theft...

Huawei ? Another Side of the Story

Posted on October 15, 2012
We covered this one earlier, so it?s only proper to give the other side of the story.Farhad Manjoo, in Slate, says that whether a given piece of technology is dangerous is not determined by the nationality of the company that makes it.As Manjoo puts it: In reality, most devices are from everywhere...

Huawei ? Any Old Tech Company or Trade Secrets Threat?

Posted on October 08, 2012
On the heels of a recent report on 60 Minutes, Reuters (from LiveMint) reports on the controversy concerning China?s Huawei, the world?s second-largest maker of telecommunications gear.The report quoted Rep. Mike Rogers, chair of the House Intelligence Committee: ?If I were an American company today ...

A Long, Long Injunction in DuPont Trade Secrets Case

Posted on September 10, 2012
We reported earlier on the $920 million damage award in favor of DuPont against South Korea?s Kolon for stealing trade secrets relating to the fibers used to make Kevlar body armor.Now we learn from Bloomberg that the trial judge has not only upheld the verdict, but also imposed a 20-year injunction against Kolon to keep the company from producing any such fibers...

New Indictment in Bridgestone Tire Trade Secrets Case

Posted on August 17, 2012
The Cleveland Plain-Dealer is becoming our go-to source on current trade secrets stories. Here?s another from that publication concerning a case out of Akron. Xiaorong Wang, a former research scientist with Bridgestone Americas, has been indicted again on 15 counts of trade secrets theft and lying to the FBI...

Eaton-Frisby Trade Secrets Summary

Posted on August 07, 2012
Offered without comment, a long story from the Cleveland Plain Dealer concerning one of the strangest trade secrets cases ever, with North Carolina ties to boot.

Set Back in Government?s DuPont Trade Secrets Case

Posted on July 25, 2012
We?ve reported previously on the economic espionage case concerning Pangang Group Steel Vanadium & Titanium Co Ltd?s indictment for stealing DuPont?s secret process for manufacturing titanium dioxide, a compound that makes products white.Now comes this report from Reuters (in the Chicago Tribune) concerning a major set back in the government?s case...

Trade Secrets of the OLED TV?s

Posted on July 19, 2012
The Daytona Beach News-Journal is reporting what sounds like a potentially big trade secrets case.According to the News-Journal, Samsung is accusing eleven people, including six of its own employees of stealing its trade secrets with respect to OLED (organic light-emitting diode) television technology...

Snyder's and Almeling's "Keeping Secrets: A Practical Introduction to Trade Secret Law and Strategy"

Posted on June 29, 2012
This will be my final post on Womble Trade Secrets - after 16 great years at Womble Carlyle, I am departing for a litigation boutique that will be called Graebe Hanna & Sullivan, PLLC. Before advising you about a great new trade secret resource for all, I want to thank my friend and partner Press Millen for prompting me to co-author this blog with him back in 2006...

Chicago Trade Secrets Case Blows Up on Plaintiff

Posted on June 19, 2012
Any case has the potential to blow up on the plaintiff. Trade secrets cases, though, may present even more possibilities in that regard.Take the case of Portola Packaging against its rival Logoplaste (reported here behind Litigation Daily?s paywall) but also nicely summarized in the Trial Community?s Litigation News Blog...

Another Big Verdict ? Utah Style

Posted on May 29, 2012
We?ll own up to it. Our favorite cases are the big trade secrets cases. Think Bratz or Hilton.For sheer dollars, though, this one out of state court in Utah is right up with those. The report is from the Salt Lake Tribune. The scenario is a familiar one: Company A seeks bids to build a power plant and Company B, under a non-disclosure agreement, submits its proposal...

The Trade Secrets Dilemma ? Sue and Disclose

Posted on April 27, 2012
An interesting article from Thomon Reuters News & Insight on an age-old problem in trade secrets, the fact that bringing suit often requires disclosing the trade secrets.The article concerns a case in New York state court, MSCI v. Jacob and Axoma. MCSI, a software maker, claimed that its former employee, Jacob, misappropriated trade secrets in its software on behalf of his new employer, Axoma...

Senator Kohl Wants to Beef Up Criminal Penalties for Trade Secret Theft

Posted on March 31, 2011
The Milwaukee Business Journal is reporting that U.S. Sen. Herb Kohl is sponsoring a federal bill to increase penalties for stealing company trade secrets or other proprietary information. The bill would increase the maximum sentence for stealing trade secrets from 15 years to 20 years...

McAfee Report: Hackers Are Targeting Corporate Trade Secrets Now

Posted on March 29, 2011
The San Francisco Chronicle is reporting that a new study says thieves have shifted their focus to corporate data such as trade secrets and marketing plans, making it the "new currency" of the underworld economy.The report, based on a global survey of more than 1,000 senior IT workers, follows recent headlines of hacker attacks on Nasdaq OMX Group, RSA Security and energy companies...

Cornell Tells Publishers: We're Not Signing Any More Nondisclosure Agreements

Posted on March 24, 2011
LibraryJournal.com is reporting that Cornell University in Ithaca, New York has announced it will no longer sign contracts with publishers that contain nondisclosure agreements inhibiting Cornell's ability to communicate with others about the price and licensing terms applicable to content such as journal subscriptions and databases...

Fourth Circuit Hearing Argument on Propriety of DOJ Suboenas in Trade Secrets Case

Posted on March 23, 2011
A first here at Womble Trade Secrets Blog - we are blogging about another blog's post. The BLT (Blog of Legal Times) published a fascinating piece yesterday regarding an argument that has been heard by the United States Court of Appeals for the Fourth Circuit in Richmond...

Former Goldman Sachs Computer Programmer Sentenced to 97 Months for Trade Secret Theft

Posted on March 22, 2011
The FBI has released the following regarding the sentencing yesterday of Sergey Aleynikov to 97 months in federal prison for violations of the federal Economic Espionage Act:PREET BHARARA, the United States Attorney for the Southern District of New York, announced that SERGEY ALEYNIKOV, a former computer programmer at Goldman Sachs & Co...

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