Posts Tagged ‘Intellectual Property’
Stakeholders Speak Out on Google v. Oracle
First published in IPWatchdog.com The most interesting aspect of the Google v. Oracle case is that the court failed to address the issue of copyrightability, however, given the court’s approach to fair use it is uncertain as to whether this really matters. In short, the decision is likely to come as a big relief for the tech…
Read MoreEx Parte Seizures Five Years After the Enactment of the Defend Trade Secrets Act
This was first published in IPWatchdog on March 26, 2021. “Parties seeking the extraordinary remedy of an ex parte seizure order should emphasize whether, for example, the defendant has a high level of computer proficiency and that such a defendant may find ways to hide, quickly disseminate, or otherwise destroy key evidence if such…
Read MoreDepartment of Justice’s “China Initiative:” Two Year Recap
This was first published in IPWatchdog on January 3, 2021. “The Biden administration and the DOJ should review the China Initiative to determine whether prosecutions and investigations are based on the race, ethnicity or ancestry of the targeted individual, and if so to take remedial action to prevent such profiling in the future.” One of…
Read MoreDOJ’s “China Initiative”: An Upate
2020 was the two-year anniversary of the Department of Justice’s “China Initiative,” which was intended to increase the focus on the investigation and prosecution of trade secret theft and economic espionage with a Chinese connection under the Economic Espionage Act (“EEA”). According to the DOJ, it charged three economic espionage cases under 18 U.S.C. sec.…
Read MoreTrade Secrets Lessons from Epic Systems Corp. v. Tata Consultancy Services
“This is one of the largest-ever awards in a trade secret case. For smaller companies, it may be large enough to put them out of business. It is critical, therefore, that companies take steps, including training employees not to steal trade secrets.” On August 20, the Seventh Circuit in Epic Systems Corp. v. Tata Consultancy…
Read MoreImproper 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…
Read MoreA 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…
Read MoreAre 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…
Read MoreRelease 29 to Intellectual Property and Computer Crimes
Law Journal Press just published Release 29 to my book Intellectual Property and Computer Crimes. The Release addresses developments involving the Defend Trade Secrets Act of 2016 (DTSA), including cases where courts have held that pre-enactment DTSA allegations of a misappropriation of a trade secret coupled with post-enactment continued use are sufficient to sustain a claim…
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