On May 21, 2020, the Copyright Office issued a Report on the DMCA (“Report”) expressing the view that case law applying the DMCA’s safe harbor provision have fallen out of balance, tilting too far in favor of online platforms...more
7/9/2020
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Digital Media ,
DMCA ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Machine Learning ,
Musical Sound Recordings ,
Online Platforms ,
Online Videos ,
Safe Harbors ,
Takedown Notices ,
Websites
The right to a jury trial is one of the most important features of modern trade secrets law. But as a recently issued Order from the Texas Fourth Court of Appeals (“Court of Appeals”) illustrates, the jury trial right is...more
As the pandemic worsens, more and more hospitals and medical providers are experiencing shortfalls of critical supplies, including ventilators, face shields, and masks. Those with 3D printers and idle manufacturing centers...more
3/24/2020
/ 3D Printing ,
Damages ,
Defense Production Act ,
Immunity ,
Injunctive Relief ,
Medical Devices ,
Patent Infringement ,
Patents ,
Personal Protective Equipment ,
State Action Immunity ,
State of Emergency
We have discussed before the importance of maintaining internal policies and procedures to protect the security and integrity of cloud-based repositories. A recent case in the U.S. District Court for the District of Maryland...more
On November 1, 2016, the United States Copyright Office published an amendment to 37 CFR § 201.38 that changes the registration requirements for Designated Agents under the Digital Millennium Copyright Act. Effective...more
What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...more
10/13/2016
/ Crime Statistics ,
Defend Trade Secrets Act (DTSA) ,
Disclosure ,
FRCP 19 ,
Intellectual Property Protection ,
Law Enforcement ,
News Stories ,
Police ,
Preliminary Injunctions ,
Public Records ,
Public Records Act ,
Restraining Orders ,
Software ,
Software Developers ,
Trade Secrets
Criminal trade secrets prosecutions tend to make national headlines, and for good reason. With fact patterns that often involve international intrigue, high technology, and millions of dollars in play, these cases can read...more
Earlier this month, AmTote International, Inc. sued the famed Kentucky Downs racetrack, three high-ranking Kentucky Downs employees, and Encore Gaming, LLC in federal court alleging misappropriation of trade secrets related...more
On August 22, 2014, the Texas Supreme Court ordered oral argument in In re: Magnum Hunter Resources Corp., a case concerning the discoverability of third-party trade secrets documents in civil cases. When should such...more
An April 3, 2014, decision by the Court of Appeals for the Federal Circuit sheds a little more light on how to apply the Fifth Circuit’s test for determining whether a case should be transferred from the district in which it...more
Proper venue is important in U.S. district court litigation; you can’t live without it. But successfully changing venue to a different district court can be even more important because transfer can seriously disrupt...more
It’s been a hot year in the trade secrets field, with some huge verdicts and settlements, a renewed spotlight on cyberattacks, and an unusual flurry of trade secrets legislation. Trade Secrets Watch’s 2013 Year-in-Review...more
12/20/2013
/ Appeals ,
Asia ,
China ,
Criminal Prosecution ,
Cyber Attacks ,
Cybersecurity ,
Economic Espionage Act ,
Edward Snowden ,
EU ,
Fracking ,
Hackers ,
National Security Agency (NSA) ,
Oil & Gas ,
Settlement ,
Surveillance ,
Theft of Trade Secrets Clarification Act ,
Trade Secrets ,
UK