Proof in Trial: University of Louisville
2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
Secondary Considerations of Non-Obviousness - Patents: Post-Grant Podcast
The Risk of Personal Injury Claims from COVID-19 and What to Do About It
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
VIDEO: Will Pending Federal Covid-19 Legislation Preempt Longstanding State Laws Regarding the Burden of Proof in Workers’ Compensation Claims?
Podcast: IP Life Sciences Landscape: Aiding Orange and Purple Book Patent Owners in Developing PTAB Survival Skills
II-31- The Changing 9 to 5 From 1980 to Today
A Fairfax County, Virginia, jury in May 2022 found that Pegasystems Inc. (Pegasystems) misappropriated trade secrets from its competitor, Appian Corp. (Appian), and awarded Appian more than $2 billion in damages – the largest...more
In today’s competitive employment market, employee resignations are reaching near record-highs. Whether a separation is voluntary or involuntary, employee terminations often happen quickly and involve many moving parts. To...more
In Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc., 1-17-cv-01794 (NDOH 2021-04-29, Order) (Donald C. Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285, determining...more
The Situation: China's legislature has recently eased the challenge of prosecuting trade secret misappropriation cases in that country. The Result: As recently amended, Chinese law now follows some case law developments...more
A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more
In a recent opinion, the Fairfax Circuit Court deemed unenforceable the non-compete and employee non-solicitation provisions of two doctors who had performed work for the United States Army on behalf of a government...more
Marketing Institute v. Argus Leader Media, 2019 WL 2570624, 588 U.S. - - - (June 24, 2019) (“FMI”), it made confidential commercial and financial information provided to the U.S. government by private parties subject to...more
In a ruling that has implications for businesses turning information over to federal agencies, the US Supreme Court has held that commercial or financial information that is treated as private by its owner and provided to the...more
On April 22, 2019, the U.S. Supreme Court heard argument in Food Marketing Institute v. Argus Leader Media. Polsinelli attended the oral arguments to provide insight concerning the potential implications for federal...more
Our readers have seen enough of our blog posts to be familiar with the classic ex-employee trade secrets theft scenario: employee downloads confidential files to his personal computer...more
In re Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944 (ITC Comm’n Apr. 19, 2017), is a surprisingly rare opinion addressing a common issue: When should the ITC redact a portion of an...more
Do you really have to rush to Court to obtain an injunction for a misappropriation of trade secrets? Maybe not. But for an injunction enforcing a non-compete agreement, maybe yes. ...more
Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more
Consider the following, relatively uncommon scenario: an employee stole your trade secrets and went to work for a competitor. You know the employee did it, you just cannot prove it. Even with the best forensic analysis it is...more
Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more
Trade secrets were first introduced into China law through the Article 10 of the “Anti-Unfair Competition Law of China” (effective Dec. 1, 1993)....more