On December 11, 2019, the Supreme Court issued Laura Peter, Deputy Director, Patent and Trademark Office v. Nantkwest, Inc. Nantkwest addresses whether the U.S. Patent and Trademark Office (PTO) may recover its attorney and paralegal fees in certain proceedings. Before …

SCOTUS Patent Scorecard Update Read more »

   New England Patriots quarterback Tom Brady is the GOAT, the greatest of all time.  Six Super Bowl rings and counting.   With success comes criticism.  As to the latter, Brady has been criticized over the past week because of …

The GOAT’s IP Strategy Isn’t Terrific Read more »

The International Chamber of Commerce (ICC) Report on recent trade secret legislation in the EU and US is now available on the ICC website for free download. The ICC Report is a tool to help businesses identify trade secrets and …

New ICC Report: Protecting Trade Secrets – Recent EU and US Reforms Read more »

On June 14, 2018, Theranos founder Elizabeth Holmes and former Theranos president Sunny Balwani were indicted on 11 counts of wire fraud and conspiracy to commit wire fraud. Allegedly defrauded persons are patients, doctors and investors, including 4 anonymous investors …

Theranos Investors: Defrauded, Foolish or Both? Read more »

On June 22, 2018, the Supreme Court issued WesternGeco LLC v. ION Geophysical Corp. WesternGeco holds that a patent owner can recover lost foreign profits arising out of infringement under 35 U.S.C. § 271(f)(2). As such, WesternGeco is pro-patent. In …

SCOTUS Patent Scorecard Update Read more »

On April 24, 2018, the Supreme Court issued Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute Inc. v. Iancu. Oil States holds that inter partes review of a patent does not violate Article III or …

SCOTUS Patent Scorecard Update After Oil States and SAS Institute Read more »

Many companies believe that their information assets include trade secrets. But, some of those companies do not reasonably protect those potential trade secrets. Such a deficiency has significant consequences: an asset cannot be a trade secret absent reasonable protective measures. …

Uniform Protective Measures For Information Assets Can Put Trade Secrets At Risk Read more »

What’s the first thing a trade secret owner should do? Properly identify its trade secrets. That identification can and should take place when a trade secret is developed. That identification can and should take place before any controversy (e.g., investigating …

Wow, That’s A Lot Of Downloaded Files… But, How Many Trade Secrets? Read more »