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Confidential Information Intellectual Property Protection Evidence

Cooley LLP

Intellectual Property Disputes With Forensic Analysis Need Lawyers’ Involvement: Cooley’s Michael Berkovits

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Cooley’s Michael Berkovits says lawyers working on an intellectual property dispute should consult closely with forensic analysts and treat their findings as an investigative tool. Computer forensic analysis has become a...more

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part Three: Evidentiary Concerns

Hicks Johnson on

Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. Yet before a lawyer can focus on what evidence they have to make or defend their case,...more

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part Two: Damages

Hicks Johnson on

As discussed in part one of this series, trade secret litigation presents a minefield of evidentiary challenges. But while the act of misappropriation is often simple enough to demonstrate, calculating the precise value of...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Farella Braun + Martel LLP

Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

Exploring business partnerships often involves or even requires sharing highly confidential trade secret information. The data center industry is no exception, and its participants have in recent years faced litigation...more

Jones Day

Recent Changes to China's Trade Secret Protection Laws Ease the Challenge of Bringing Such Cases

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The Situation: China's legislature has recently eased the challenge of prosecuting trade secret misappropriation cases in that country. The Result: As recently amended, Chinese law now follows some case law developments...more

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in Germany

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Recent changes to German law are expected to facilitate trade secret litigation. Dr. Christian Paul, a Munich-based partner, explains why these actions still require careful consideration of German procedural law, with a...more

Jones Day

Mid-Year Review of Key Global Trade Secret Developments

Jones Day on

A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more

Orrick - Trade Secrets Group

The $740 Million Jury Question: Massive Trade Secrets Award Overturned Because of Erroneous “Improper Means” Instruction

The right to a jury trial is one of the most important features of modern trade secrets law.  But as a recently issued Order from the Texas Fourth Court of Appeals (“Court of Appeals”) illustrates, the jury trial right is...more

Jones Day

New French Decree Strengthens Protection of Confidential Documents

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The Background: French Decree No. 2018-1126, which is intended to enhance the protection of documents containing confidential information, became effective following publication in the Official Journal. The Result: The...more

Orrick - Trade Secrets Group

Mine Your Own Business: Multinational Mining Company Seeks Protection Of Alleged Trade Secrets During Discovery

Last week, multinational mining giant Rio Tinto asked a federal court in Manhattan to shield its document disclosures to the Securities and Exchange Commission (SEC) from the public eye....more

Orrick - Trade Secrets Group

Growing Small Satellite Market Spawning Litigation

Virgin Galactic expanded and continued its attack on its former VP of Propulsion, Thomas Markusic, and his new company, Firefly Space Systems, this month. Markusic co-founded Firefly around the time he left Virgin Galactic,...more

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