On May 26, 2015, the Supreme Court deviated from its recent anti-patent bias. Commil USA, LLC v. Cisco Systems, Inc. is a mildly surprising, pro-patent decision that eliminates a defense to induced patent infringement. The Court specifically addressed whether a …
SCOTUS Patent Scorecard Update: Patent Owners Plate A Run Read more »
Intellectual property (IP) can be a company’s lifeblood. For example, a patent can provide a legal monopoly on technology and stimulate investment in the patent owner’s operations. At the same time, a patent may negatively impact a company’s viability or …
Cybersecurity Companies’ Patents: Assets, Roadmaps for Hackers or Both? Read more »
Howard Schmidt, a co-founder of Ridge-Schmidt Cyber LLC and a former cybersecurity adviser to Presidents Obama and Bush, recently rendered cybersecurity advice for boards of directors: “At every board meeting, whether it’s monthly, whether it’s quarterly, cybersecurity should be on …
Board Agenda and POTUS Priorities: Cybersecurity and Trade Secrets Read more »
The Wall Street Journal recently reported: “The most valuable asset in the bitter bankruptcy feud at Caesars Entertainment Corp. isn’t the casino operator’s opulent Roman-themed resort at the heart of the Las Vegas Strip. It’s the company’s big-data customer loyalty …
Big Data Is Worth $1B, But What About The Trade Secrets? Read more »
If a company has competitors, then trade secrets — competitively valuable information (CVI) maintained in confidence — should assume a prominent role in its operations. Yes, that means that just about every company should account for and leverage its trade …
On May 1, 2015, Dean Pelletier will be speaking at the AIPLA 2015 Spring Meeting in Los Angeles, CA. Dean will be one of three speakers addressing the topic, Trade Secret Valuation Obligations, Risks, Rewards and Resolutions. Dean’s talk is …
Dean Pelletier Speaking on Trade Secret Valuation at AIPLA 2015 Spring Meeting in LA Read more »
Congress may, and probably will, enact a federal, civil trade secret statute in 2015. That statute potentially will have a significant impact on the enforcement and, as such, the practical value of trade secrets as IP assets. Such enforcement also …
The Foundation for the “Federal Common Law of Trade Secrets” Read more »
The Supreme Court’s most recent patent decision, Teva v. Sandoz (Jan. 20, 2015), establishes a hybrid standard for reviewing a district court’s claim construction. The Court specifically held that evidentiary, i.e., factual, underpinnings to claim construction are reviewed for clear …
The Public Company Accounting Oversight Board (PCAOB) apparently is about to confront some potentially significant issues involving intellectual assets (IA’s), including intellectual property assets (e.g., patents). More specifically, the PCAOB “is a nonprofit corporation established by Congress [through the Sarbanes-Oxley …
More than 100 large company CEO’s recently identified their top 5 “overall priorities.” (See December 9, 2014 Wall Street Journal, R2.) Those priorities are: 21st-Century Workforce Pro-Growth Fundamentals Modernize Infrastructure Taper Capital Gains Tax Empower Healthcare Consumers Somewhat surprisingly, strong …
Strong Intellectual Property Rights Should Be The Priority Read more »