The U.S. Supreme Court’s May 22, 2017 decision in TC Heartland effectively shifts a significant number of patent litigations out of courts previously deemed acceptable to courts in other venues in which the defendant corporation is incorporated. In reaching this decision, the Supreme Court relied upon its 1957 decision in Fourco Glass interpreting the patent venue
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Extending US Trade Secret Law to Reach IP Theft in China: An ITC Lawyer’s Reply
Dave Bohrer’s recent post Extending US Trade Secret Law to Reach IP Theft in China discusses what to do when your company’s Chinese joint venture makes off with your trade secrets in China. The post suggests it may be possible to bring an action in US court extending either federal or state trade secret law
Extending US Trade Secret Law to Reach IP Theft in China
Engineers from your China subsidiary just joined a competing company which has begun using your trade secrets. Can you sue in the US and avoid the uncertainty and expense of seeking relief in a Chinese court?
Departing Self-Driving Car Engineer Takes Thousands of Files But Avoids Trade Secret Liability
Alarms sounded when John Absmeier, technical director of Delphi Automotive’s Silicon Valley autonomous vehicle project, announced he was leaving to join Samsung’s Silicon Valley innovation center where he would lead a self-driving car technology team. They grew louder upon Delphi’s determination that Absmeier downloaded hundreds of thousands of company files and folders onto personal devices
You Can Get Partial SJ on Some But Not All Trade Secrets . . . In Federal Court
The question is whether it is possible to get a court to enter partial summary judgment before trial on some but not all of the trade secrets that the defendant is accused of stealing.
Can You Get Partial SJ on Some But Not All Trade Secrets?
Not necessarily in California. The answer depends upon the unsettled issue whether California summary adjudication rules allow courts to dismiss some but not all of the asserted trade secrets before trial.
Trade secret claims brought by a technology company typically allege theft of not one but many trade secrets. The law recognizes as separate and
Unlike California, New Federal Trade Secret Law Offers Right to Jury Trial on Reasonable Royalty Damages
The new Defend Trade Secrets Act (DTSA) became law on May 11, 2016 and applies to any misappropriation that occurs on or after that date.
Although the DTSA creates a
Wave of Federal Trade Secret Decisions Soon to Hit State Courts
Late yesterday, the House of Representatives joined the Senate in passing a sweeping new statute that creates a new federal civil cause of action for trade secret theft. The new statute, called the Defense of Trade Secrets Act (DTSA), can be found here and is expected to be signed into law by the President within
Amendments to Civil Procedure Rules: Ending Patent Practice of Bludgeoning First and Valuing Later
This post summarizes Proportionality Compels Early Disclosure of Patent Damages, found here, first published by the IP Law Section, State Bar of California in connection with the March 23, 2016 seminar “Patent Disputes for our Time: New Realities, New Approaches.”
The
New Federal Trade Secret Law is Pro Employee Mobility and Rejects Inevitable Disclosure
Proposed legislation creating a federal cause of action for trade secret misappropriation is on the fast track to becoming law, as described in James Pooley’s excellent post What You Need to Know About the Amended Defend Trade Secrets