News & Analysis as of

Notice Requirements Intellectual Property Protection

Sterne, Kessler, Goldstein & Fox P.L.L.C.

FTC Issues Final Rule Banning (Almost All) Non-Compete Agreements

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation...more

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Littler

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

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As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the...more

McDermott Will & Emery

No Home Away From Home: Federal Circuit Confirms PTO Domicile Requirements

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The US Court of Appeals for the Federal Circuit confirmed the US Patent & Trademark Office’s (PTO) refusal to register a trademark based on the applicant’s failure to comply with the domicile address requirement of 37 C.F.R....more

Epstein Becker & Green

California Amends Noncompete Law (Again) and Adds a Notice Requirement

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California’s Business and Professions Code (the “Code”) has long been the nation’s strictest law on restrictive covenants, essentially prohibiting employee noncompetition agreements except in limited circumstances....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Spring 2023

Changing CEOs is one of the most critical decisions any board faces. In this issue of The Informed Board, we offer tips on how to avoid the mistakes we most often see. We also explain the problems companies could face if the...more

Goodwin

Open Licenses: An Overview of Open Licenses for Images, Photos, Videos, and Software

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Non-profit organizations often use third-party images, photos, videos, or software in their everyday operations. It is often beneficial to leverage such materials that are licensed under “open licenses” because they are free...more

Manatt, Phelps & Phillips, LLP

Employee/Officer Held Personally Liable for Patent Infringement

In Lubby Holdings LLC v. Chung, the Federal Circuit held corporate officers and employees who actively assist with their corporation’s infringement may be personally liable for inducing infringement even without any piercing...more

Gibney Anthony & Flaherty, LLP

Protecting Your Brand: Five Cost-Effective Customs & Border Protection Tools to Stop Counterfeit Goods at the Border

With the ever-evolving world of brand protection, it may be easy to overlook some of the strongest tools available for protecting a brand. We are often drawn to the latest software or technology to stop counterfeits from...more

Fenwick & West LLP

Sweeping Changes Proposed to the DMCA’s Notice-and-Takedown System

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On December 22, 2020, Senator Thom Tillis (R-NC), then chair of the Senate Judiciary Subcommittee on Intellectual Property, released a discussion draft of the Digital Copyright Act of 2021 (DCA) that would make sweeping...more

BakerHostetler

[Podcast] Open Source is Everywhere: A Primer for Compliance

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Despite the fact that open source or so-called “free” software has been available for more than 30 years, and is likely used in the vast majority of software programs being developed today, many people remain confused as to...more

Troutman Pepper

How Safe Is That Harbor? The Impact of the Defend Trade Secrets Act's Whistleblower Immunity Provision on a Trade Secret Owner's...

Troutman Pepper on

Imagine that your company has just commenced an internal compliance investigation in response to an allegation that the company is violating various federal laws. The next day, a longtime employee with access to the company’s...more

Orrick - Trade Secrets Group

Key Trends from a Summer of Non-compete Reform

The start of September means that summer is unofficially over. However, the end of beach season also means that big changes to state non-compete laws are on the horizon....more

Smart & Biggar

Rx IP Update - December 2018

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FCA overturns cefaclor damages decision on prejudgment interest issue, provides guidance on NIA defence - On November 23, 2018, the Federal Court of Appeal (FCA) allowed in part Apotex’s appeal of a decision awarding Eli...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench - August 2018 #2

PATENT CASE OF THE WEEK - Click-to-Call Technologies, LP v. Ingenio, Inc., Appeal No. 2015-1242 (Fed. Cir. Aug. 16, 2018) In an appeal of an inter partes review, the Federal Circuit reviewed for the first time the...more

Foley & Lardner LLP

Invention Assignment Agreements – How to Avoid Pitfalls

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Intellectual property assets are the lifeblood of many businesses today. No employer wants to see those assets walk out the door when an employee leaves. Employee invention assignment agreements are one crucial tool for...more

Proskauer Rose LLP

Three Point Shot - June 2018

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

McAfee & Taft

The importance of intellectual property notices

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So you have a patent, trademark, or copyright that you want the public to know you have rights in? How do you provide such notice? The answer is marking your intellectual property (IP) with symbols such as Pat., Pat. Pending,...more

Fenwick & West LLP

Litigation Alert: “Oh No They Didn’t!” – Ninth Circuit Throws DMCA Safe Harbors for Moderated Content into Disarray

Fenwick & West LLP on

A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under Section 512(c) of the Digital Millennium Copyright Act. The April 7 decision in...more

Dentons

Defend Trade Secrets Act of 2016: What Does It Mean for Employers?

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On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating a federal claim for misappropriation of trade secrets. Concerns with the difficulty of protecting trade secrets have grown as...more

Cozen O'Connor

New Weapon For Manufacturers: Defend Trade Secrets Act of 2016

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On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”), which provides a federal civil cause of action to manufacturers for the misappropriation of trade secrets under the Economic...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Five Questions You Should Ask About the Defend Trade Secrets Act

What Is the DTSA and How Is It Different From the Uniform Trade Secrets Act? Until recently, the Economic Espionage Act of 1996 (EEA) allowed for federal trade secret actions by the U.S. Department of Justice. The...more

Burr & Forman

Burr Alert: What The New Federal Trade Secrets Law Means For Employees

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The scope of the federal Defend Trade Secrets Act ("DTSA") enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employers' asset protection and enforcement program is quite significant. ...more

Goulston & Storrs PC

The Newly Enacted Defend Trade Secrets Act: What Retailers Should Know

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On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the DTSA), creating the first Federal civil cause of action for misappropriation of trade secrets. The DTSA overlaps substantially with,...more

Parker Poe Adams & Bernstein LLP

New Defend Trade Secrets Act Requires Employers to Include Disclaimers in All Confidential Information Agreements

On May 16, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The new law takes immediate effect and will provide important new federal protections against unauthorized disclosure of...more

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