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Peter Toren | Experienced Intellectual Property Lawyer

Protecting Your Intellectual Property Rights & Data

You can count on me to help protect and enforce your intellectual property rights whether you are an individual inventor or a small enterprise, and regardless of the amount involved. I have been retained by companies shortly before trial and have stepped in and successfully saved the case. I am ready to fight for your rights at any stage of the litigation.

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Trade Secret Litigation Reports: Four Years After the Enactment of the DTSA

This first appeared in IPWatchdog.com on May 18, 2020. “Regardless of the differences between the reports, they do highlight that there are many factors, apart from the merits of the case, that may have an impact on the final outcome, including and perhaps most importantly, where a trade secret case is filed.” On May 11, 2016, President Obama signed into the law the Defend Trade Secrets Act (DTSA) which extended the Economic Espionage Act of 1996 (EEA), which provides a broad basis for civil federal jurisdiction for the theft of trade secret thefts. Thus, trade secret owners can sue in federal court so long as there is a connection between the trade secret and interstate or foreign commerce. However, the DTSA does not preempt states laws and parties can still bring an action under a state’s version of the Uniform Trade Secret Law. Two recent reports highlight a number of ...
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Recent Posts

Are Machines “Agents” for Purposes of the Patent Venue Statute? (Part II)

This article was originally published in IPWatchdog.com “As technology evolves, and especially as artificial intelligence becomes smarter, plaintiffs will present new and creative arguments that the defendants have established a ‘regular place of business’ in a certain jurisdiction.” Part I of this article provided an overview of the Federal Circuit’s understanding of the patent venue statute after the Supreme Court’s decision in TC Heartland, and especially the meaning of In re: Google LLC, 949 F.3 ...
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Are Machines “Agents” for Purposes of the Patent Venue Statute (Part I)

This was originally published in IPWatchdog.com on April 14, 2020. “The Western District of Texas has now apparently become the venue of choice for filing patent infringement actions and it is forecasted to surpass the District of Delaware for the most new filings in 2020. While it is too soon to know if this part of a long-term trend, it does highlight the unsettled nature of patent venue law, especially as courts begin to consider ...
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D.C. Court Rules that a Violation of a Website’s Terms of Service Does Not Violate the Federal Computer Fraud and Abuse Act

Federal courts on a variety of levels and in a variety of jurisdictions have grappled with the question of what it means to “access a computer without authorization” and to exceed which is an essential requirement under many of the subsections of the Computer Fraud and Abuse Act. Now in Christian W. Sandvig v. Barr, __ F.3d __, 2020 WL 1494065 (D.D.C. 2020), a district court in the District of Columbia ruled that researchers do ...
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  • Co-author: Defend Trade Secrets Act of 2016 Handbook, (Wolters Kluwer, 2016).
  • Author: Intellectual Property and Computer Crimes, published by the Law Journal Press division of American Lawyer Media. Considered a “must have desk reference for an overview of copyrights, patents, trade secrets, trademarks, computer crime and the key federal and state statutes pertaining to intellectual property and computer crime.” First published in 2003, has been updated twice a year since then. Featured in the Bowdoin College magazine, Spring 2010.
  • Protection of Trade Secrets by Law Firms, Federal Bar Council Quarterly, Sept./Oct./Nov. 2018, at 10.
  • Some Lessons From the Waymo (Alphabet) Versus Uber Theft of Trade Secret Litigation, February 14, 2018, (http://www.ipwatchdog.com/2018/02/14/waymo-uber-theft-trade-secret-litigation/id=93528/).
  • Trump Campaign Officials Likely Violated the CFAA, Law360, November 15, 2017 (https://www.law360.com/articles/985452/trump-campaign-officials-likely-violated-cfaa).
  • Who Will Rescue The U.S. Patent System? Law360, September 28, 2017 (https://www.law360.com/ip/articles/968560/who-will-rescue-the-us-patent-system-).
  • Computer Fraud and Abuse Act, GPSolo, ABA Solo, Small Firm and General Practice Section, September/October 2017 (Selected as Best of ABA Sections).
  • Computer Fraud and Abuse Act, Landslide-A publication of the ABA Section of Intellectual Property, Vol. 9, No. 5 May/June 2017 (https://www.americanbar.org/content/aba/tools/digitalassetabstract.html/content/dam/aba/publications/landslide/2017-may-june/aba-landslide-v009n05-computer-fraud-abuse-act.pdf).
  • Available Remedies under the DTSA, IPWatchdog, July 18, 2016 (http:// http://www.ipwatchdog.com/2016/07/18/available-remedies-dtsa/id=70899/).
  • Handle with Care: Civil Seizure Under the Defend Trade Secrets Act, IP Watchdog, July 5, 2016 (http://www.ipwatchdog.com/2016/07/05/handle-care-civil-seizure-defend-trade-secrets-act/id=70438/).
  • Misappropriation of a Trade Secret Under the DTSA, IPWatchdog, June 10, 2016 (http://www.ipwatchdog.com/2016/06/10/misappropriation-trade-secret-dtsa/id=69826/).
  • Definition of a ‘Trade Secret’ Under the DTSA, IPWatchdog, May 24, 2016, (http://www.ipwatchdog.com/2016/05/24/defintion-trade-secret-dtsa/id=69262/).
  • Five Things to Know About the Defend Trade Secrets Act, IPWatchdog, May 11, 2016 (http://www.ipwatchdog.com/2016/05/11/five-things-know-defend-trade-secrets-act/id=68954/).
  • Are You Making 'Reasonable Efforts' to Safeguard Your Client's Information? Legaltech news, March 10, 2016 (http://m.legaltechnews.com/?)
  • 2016 Marks 30th Anniversary of CFAA – Time for a Change, Law360, January 3, 2016 (http://www.law360.com/ip/articles/739442/2016-marks-30th-anniversary-of-cfaa-time-for-a-change).