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Pleading Standards Intellectual Property Protection

Jones Day

Institution Denied for Insufficient Publication Evidence

Jones Day on

On October 29, 2024, BabyBjörn AB (“BabyBjörn”) filed two separate petitions for inter partes review (“IPR”) of U.S. Patent No. 11,786,055 (“the ’055 Patent”), which is assigned to The ERGO Baby Carrier, Inc. (“ERGO Baby”). ...more

Baker Botts L.L.P.

Avoiding Demurrer: Properly Pleading Inequitable Conduct

Baker Botts L.L.P. on

Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading....more

Fisher Phillips

A 5-Step Action Plan to Plead Your Trade Secrets Case: Dancing on the Head of a Pin with Possibility, Plausibility, and...

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Trade secret cases, by their inherent nature, require speed. For instance, a former employee may have stolen key data and gone to a competitor — and you need to move fast to protect your confidential information. But that...more

Foley Hoag LLP

Growing Consensus that Trade Secret Claims Must Be Pleaded with Particularity in New York and Elsewhere

Foley Hoag LLP on

Under conventional pleading standards, courts generally allowed plaintiffs to describe their trade secrets with a level of generality when filing a complaint in a trade secret case. It often sufficed for plaintiffs to provide...more

Jones Day

2021 Mid-Year Review: Key Global Trade Secret Developments

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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

Knobbe Martens

Federal Circuit Review - July 2021

Knobbe Martens on

District Court’s Pleading Standard Returns an Error Code in PS4 Battle - In Bot M8 LLC v. Sony Corporation Of America, Appeal No. 20-2218, the Federal Circuit held that the district court’s view that infringement...more

Knobbe Martens

District Court’s Pleading Standard Returns an Error Code in PS4 Battle

Knobbe Martens on

BOT M8 LLC v. SONY CORPORATION OF AMERICA - Before Dyk, Linn, and O’Malley.  Appeal from the United States District Court for the Northern District of California - Summary: The district court’s conclusion that...more

Hicks Johnson

A Guide to Texas Trade Secret Laws

Hicks Johnson on

What companies need to know as disputes grow larger, more frequent - Given the primacy of technology to the operation of the global economy, it should come as no surprise that jury awards in trade secret disputes are...more

BakerHostetler

[Webinar] One Year of Patent Law in 60 Minutes - February 24th, 12:00 pm - 1:00 pm EST

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Give us an hour of your time and we will deliver a fun and free CLE with a fast-paced overview on the state of patent law. In their fourth annual webinar, BakerHostetler Partners Michael E. Anderson and Jason F. Hoffman will...more

Haug Partners LLP

The Defend Trade Secrets Act: An Overview and Key Developments

Haug Partners LLP on

Four years have passed since Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, and federal courts have developed a new body of law based on this relatively young statute. The DTSA provides a private civil cause...more

BakerHostetler

[Webinar] Patent Law: 2019 Year End Review (and 2020 Preview) - February 26th, 12:00 pm ET

BakerHostetler on

This timely and fast-moving webinar provides insight for business leaders and legal counsel, highlighting many of the significant holdings by the Supreme Court and Federal Circuit in patent cases in 2019 and what issues are...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Requires Specific Pleadings for Trade Secret Claim

Like most states, the North Carolina Trade Secrets Protection Act prohibits individuals or businesses from misappropriating or misusing certain confidential business information belonging to someone else. However, not all...more

Foley & Lardner LLP

Pleading a Claim for Misappropriation of Trade Secrets in California: A Problem of Particularity

Foley & Lardner LLP on

Recent decisions in California raised the question of whether a party asserting a claim for misappropriation of trade secrets must, in its pleadings, define the trade secrets at issue with particularity. The cases variously...more

Fenwick & West LLP

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a “reverse confusion” theory in Marketquest Group v. BIC, Case No. 15-55755 (9th...more

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