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Patents Confidential Information

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

Manatt, Phelps & Phillips, LLP

New Guidance on Use of Artificial Intelligence-Based Tools in Practice Before USPTO

The United States Patent and Trademark Office (USPTO) published guidance on the use of artificial intelligence-based tools in patent practice to inform practitioners of important issues when using Artificial Intelligence (AI)...more

Jones Day

Prior Art and Public Availability: Key Decisions in German Patent Litigation

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The Situation: Even after the introduction of the European Unitary Patent Court, Germany remains a key battleground in major patent litigations. In the bifurcated German litigation system, nullity cases are heard before the...more

Proskauer - Trade Secrets

EV Trade Secret Litigation Continues to Boom with Tesla Suing Its Supplier Over EV Battery Technology Theft

The rise in trade secrets litigation in the electric vehicle (“EV”) sector continues with Tesla filing another lawsuit: this time against its own equipment supplier. On June 14, 2024, Tesla filed a complaint in the Northern...more

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

Submitting Trade Secret, Proprietary, and Protective Order Materials in Reexamination and Reissue

The requirement for disclosure, candor, and good faith between an applicant/patent owner and the U.S. Patent and Trademark Office (USPTO) serves an important public interest. Succinctly, each individual associated with the...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court - May 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Akin Gump Strauss Hauer & Feld LLP

Protective Order Forecloses Participation of Litigation Counsel in Motion to Amend Process Before the PTAB

In keeping with precedent, a judge in the District of Delaware issued an oral order restricting the extent of permissible activities for litigation counsel before the Patent Trial and Appeal Board. The order resolved a...more

Fox Rothschild LLP

FTC Proposes Non-Compete Ban

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Earlier today, the Federal Trade Commission (FTC) announced that it had voted to essentially ban all non-compete agreements in the United States. Specifically, the FTC issued a final proposed rule banning new non-competes...more

Mintz - Antitrust Viewpoints

USPTO Issues Guidance on AI Use to Patent Professionals — AI: The Washington Report

Pursuant to President Biden’s October 2023 executive order on AI, on April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published “Guidance on Use of Artificial Intelligence-Based Tools in...more

McDonnell Boehnen Hulbert & Berghoff LLP

The USPTO's Guidance on Use of AI-based Tools in Practice

Since President Biden issued his Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the U.S. Patent and Trademark Office has been investigating the potential pitfalls of...more

Goodwin

Issue 44: PTAB Trial Tracker

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The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This periodic digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Holds Operating Manuals Disclosed with Confidentiality Restrictions to be Prior Art

On February 8, in Weber, Inc. v. Provisur Technologies, Inc., the Federal Circuit reversed the Patent Trial and Appeal Board (PTAB) and held that Weber’s operating manuals are prior art printed publications despite their...more

Weintraub Tobin

When Is Trade Secret Protection the Right Choice?

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Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S....more

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

Mastering the Recipe of Food Technology Intellectual Property

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

Foley & Lardner LLP

Navigating the AI Frontier: Legal and Operational Insights Into Generative AI

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In our ever-changing technological environment, artificial intelligence (AI) is beginning to exert its influence on numerous sectors, revolutionizing our approach to work. As businesses and organizations worldwide adopt...more

Haug Partners LLP

A U.S. View on the UPC – Part 7: “Discovery”

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On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed...more

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

Why Privacy And Trade Secret Law Are On A Collision Course

Can privacy law and trade secret law coexist, or is compliance with both impossible? We are experiencing the fourth industrial revolution, driven by the rise in data and connectivity, analytics and artificial intelligence....more

Mintz Edge

Do You Have the Rights? How to Maintain Investor Confidence When Using Third-party Intellectual Property

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Imagine the following scenario: You, as the founder of a business, have spent the past three years building your company. You have been bootstrapping until now, but the company is at a crossroads and in order to grow the...more

Foley & Lardner LLP

How Intellectual Property Fits in Cloud Computing and SaaS Business Models

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Various types of intellectual property (IP) can provide companies protection of innovations and maintain or expand competitive advantages. For companies that operate using Software-as-a-Service (SaaS) technologies and/or...more

Haug Partners LLP

A Word of Caution When Disclosing Confidential Information to A Non-Party Under A Protective Order

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In a 2-1 opinion,1 the Federal Circuit recently reversed a decision from the United States District Court for the Western District of Wisconsin finding Defendant Leader Accessories LLC (“Leader”) and its attorney, Mr....more

WilmerHale

Federal Circuit Patent Watch: Disclosures to joint defense group in view of protective order

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Precedential Federal Circuit Opinions - STATIC MEDIA LLC v. LEADER ACCESSORIES LLC [OPINION] (2021-2303, 6/28/22) (Dyk, Reyna, Taranto) - Dyk, J. Reversing district court’s contempt finding and award of sanctions and...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (June 27 – July 1): Protective Order Pandemonium

Last week’s big news was the anticlimactic end of the American Axle saga.   But the Federal Circuit was hard at work too:  it issued a dozen decisions on a wide variety of subjects.  Below we provide our usual weekly...more

Knobbe Martens

Disclosures Under Joint Defense Agreement Were Not A Protective Order Violation

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STATIC MEDIA LLC v. LEADER ACCESSORIES LLC - Before Dyk, Reyna, and Taranto.  Appeal from the Western District of Wisconsin. Summary: It was an abuse of discretion to hold a party in contempt for an alleged protective...more

Foley & Lardner LLP

Key Takeaways from AmericaMakes: 2022 RAPID + TCT Additive Manufacturing (3D Printing) Conference

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Industry Insights, Protecting Your Property/Information and Building a Foundation for Compliance with Labor and Employment Laws - On May 17-19, 2022, the AmericaMakes: RAPID + TCT Additive Manufacturing Conference was...more

Jones Day

Confidential Manual Deemed Not A Printed Publication

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In a recent decision, the Patent Trial and Appeals Board found that no claims challenged were unpatentable, after finding manuals relied upon as prior art did not qualify as “printed publications” under 35 U.S.C. §...more

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