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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.

Featured Post

Improper Means’: The Eleventh Circuit’s Very Dubious Trade Secrets Decision in Compulife Software v. Newman (Part II)

This article was first published in IPWatchdog.com on July 14, 2020. “The court’s analysis is flawed, and it relies on authority that is of limited value.” Part 1of this article addressed the Eleventh Circuit’s decision in Compulife Software, Inc. v. Newman, __ F.3d __, 2020 WL 2549505, (11th Cir. May 20, 2020) and the court’s dubious conclusion that information “scraped” from a public website could be a trade secret. In particular, on this issue, the court held that even if the “scraped quotes were not individually protectable trade secrets because each is readily available to the public…taking enough of them must amount to misappropriation of the underlying secret at some point. Otherwise, there would be no substance to trade-secret protections for ‘compilations,’ which the law clearly provides.” Id. at *16 (emphasis in original). Part I concludes that this is contrary to a basic understanding of trade secret law for a ...
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Recent Posts

Improper Means’: The Eleventh Circuit’s Very Dubious Trade Secrets Decision in Compulife Software v. Newman (Part II)

This article was first published in IPWatchdog.com on July 14, 2020. “The court’s analysis is flawed, and it relies on authority that is of limited value.” Part 1of this article addressed the Eleventh Circuit’s decision in Compulife Software, Inc. v. Newman, __ F.3d __, 2020 WL 2549505, (11th Cir. May 20, 2020) and the court’s dubious conclusion that information “scraped” from a public website could be a trade secret. In particular, on this issue, the ...
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A Dubious Decision: Eleventh Circuit Finds Scraping of Data from a Public Website Can Constitute Theft of Trade Secrets (Part I)

This article was first published in IPWatchdog.com on July 2, 2020.https://www.ipwatchdog.com/ “Surely, this is not the first instance in which bots were used to scrape publicly available information from a website. Yet the Eleventh Circuit failed to provide any support for its conclusion…. If support existed for the court’s legal analysis and conclusion, it undoubtedly would have provided it.” Much has already been written in a relatively short period of time since the Eleventh Circuit ...
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The Sedona Conference’s Commentary on the Proper Identification of Asserted Trade Secrets in Misappropriation Cases.

Two of the more important issues in trade secret cases involve when the plaintiff is required to identify its alleged trade secrets, and the degree of specificity with which they must be identified. However, the DTSA does not address either of these issues and most state courts have not agreed on uniform standards. The degree of specificity of the trade secret may be critical in establishing, for example, that the information was obtained from a ...
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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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  • 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).