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Patent Applications Intellectual Property Protection Trade Secrets

Bodman

Federal Circuit Reinforces Implications of the On-Sale Bar for Patent Owners

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The recent Federal Circuit case of Celanese International Corp. v. International Trade Commission serves as a significant reminder of the importance of the on-sale bar in U.S. patent law....more

Smart & Biggar

Protecting trade secrets and confidential business information in Canada

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Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada....more

Fish & Richardson

Preparing Your Company for Hatch-Waxman

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The Hatch-Waxman Act regulates the relationship between branded and generic drugmakers and attempts to strike a balance between two competing policy interests — encouraging pioneering drug development and facilitating market...more

International Lawyers Network

Seedlings of Ideas For Artificial Intelligence: Learning From A Genetic Resources/Traditional Knowledge Treaty, The Plant Patent...

The World Intellectual Property Organization announced on May 24, 2024, a treaty on intellectual property, genetic resources, and associated traditional knowledge that was twenty-five years in the making. As WIPO’s press...more

Dunlap Bennett & Ludwig PLLC

Should I Patent My Trade Secret?

If your business is keeping a valuable secret, you may be trying to figure out the best way to protect it. The question may turn on whether your secret is something like the secret Coke formula or a groundbreaking technology...more

McDermott Will & Emery

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

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As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more

Miller Nash LLP

Why the Law Encourages Copycats (And What You Can Do about It)

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I recently read an article saying that Thomas Blug, the founder of guitar amplifier maker BluGuitar, accused Blackstar Amplification of “stealing” Blug’s amplifier design. In short, Mr. Blug noted that his product was named...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Deems Algorithm Potentially Valid Trade Secret Notwithstanding Prior Publication

On January 24, 2022, the Federal Circuit affirmed the grant of a preliminary injunction blocking the publication of a patent application on the basis that it contained the plaintiff, Masimo Corp.’s trade secrets. Masimo Corp....more

Weintraub Tobin

Preliminary Injunction Upheld in Trade Secret Dispute Despite Prior Publication

Weintraub Tobin on

Publication of an algorithm prevents the algorithm from being a trade secret, right? Not necessarily. The Federal Circuit just reminded us that under certain circumstances that may not be the case. ...more

Weintraub Tobin

Trade Secret or Patent?

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Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. The answer is: It depends. What Can Be Protected? The first thing to consider is what it is that...more

Fisher Phillips

Have Your Cake and Eat It Too: Trade Secret Litigation Offers Creative Additional Option for Employers Asserting Patent...

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When most companies think about how to protect their proprietary information and inventions, the first (and most obvious) option is to file for patent protection. However, as recent court cases make clear, trade secret law...more

Rothwell, Figg, Ernst & Manbeck, P.C.

IP Assignment Considerations for Emerging Companies

Founders of an emerging company must decide early on in its growth cycle whether to require employees to assign their inventions (including rights to patent and patent applications –collectively “patent rights”) to the...more

Jones Day

Protecting AI Innovations Through Trade Secrets and Patent Protection

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AI is becoming ubiquitous across all industries. AI systems and services are embedded in everyday products and services, including Amazon's Alexa, Netflix streaming services, and Nest smart thermostats. AI systems are also...more

CDF Labor Law LLP

9th Circuit Upholds Continuing Use Doctrine Under the DTSA

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Recently, the Ninth Circuit affirmed a matter of first impression holding that an alleged misappropriation of a trade secret that occurred before the Defend Trade Secrets Act (“DTSA”) was enacted in 2016 may form the basis...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Patenting Considerations for SBIR Awardees

Awardees of funding from the Small Business Innovative Research (“SBIR”) program face unique strategic questions as they plan their intellectual property development. Like all companies, SBIR awardees must decide whether to...more

Mintz - Intellectual Property Viewpoints

Fact-Specific Inquiry: Deciding Between Trade Secret and Patent Protection

Innovations that are eligible for patent protection are often vital to a company’s revenue stream and profitability, but in some cases, opting for trade secret protection is a better strategic choice. Although some types...more

Orrick - Trade Secrets Group

The Interplay of Patents and Trade Secrets in Protecting IP

Often companies are faced with a dilemma in protecting their IP—should the company disclose its IP to the world and seek a patent that will protect its IP for a set number of years? Or, should the company keep the IP a secret...more

Farella Braun + Martel LLP

Artificial Intelligence Can’t Patent Inventions: So What?

The USPTO’s recent landmark decision (16/524,350) concluding artificial intelligence (AI) cannot be a named patent inventor perhaps sparked fears of super-robots inventing critical technologies that, alas, receive no patent...more

Knobbe Martens

Strategies for Protecting Intellectual Property (IP) on a Reduced Budget

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Shutdown orders due to the COVID-19 virus pandemic have created economic disruption, causing companies to scale back on intellectual property (IP) expense. This creates an opportunity to move ahead of the competition. This is...more

Foley & Lardner LLP

Hidden Layers Between AI & Patent Policy: Global Patent Office Policy Considerations and Perspectives

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With the ever increasing adoption of AI technology, no industry will unlikely be left untouched by Artificial Intelligence in the coming years. The worldwide spending on AI systems is estimated to increase as much as 100...more

Vedder Price

The 2020 Intellectual Property Year in "Preview" Article* - *Also Known as “I’ll Be Right, Sooner Or Later”

Vedder Price on

You could make a good argument that courage is a mistake of evolution. We’d all be better off just running away from a hungry saber-toothed tiger. (Those things were huge! And have you seen their teeth?!) But, at some point,...more

Jones Day

When Innovation Creates: Additional Developments in Artificial Intelligence at the U.S. Patent and Trademark Office

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The Situation: Advances in artificial intelligence ("AI") are providing the ability to automatically create and design innovations without human assistance. AI's impact on patent, copyright, trademark, trade secret, and other...more

Womble Bond Dickinson

How Do We Thrive Together: Understanding the “Yours, Mine, and/or Ours” of Intellectual Property Rights in Joint Development...

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Collaboration is a key strategy for growth of many companies in certain sectors, such as energy, technology, and life sciences, where research and development is critical to maintaining a competitive advantage, but can be...more

Jaburg Wilk

Intellectual Property 101 for Business Owners

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Although many business owners have a general idea of what intellectual property is, most are not as familiar with the different types of intellectual property and what may be protected. This can be an expensive learning curve...more

Seyfarth Shaw LLP

Louisiana Federal Court Rules Information in Patent Application Remains Actionable Trade Secret Under DTSA

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The United States District Court for the Eastern District of Louisiana recently held that, under the Defend Trade Secrets Act, 18 U.S.C. § 1836, et seq., information included in a patent application remains an actionable...more

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