On Wednesday, January 23, Knobbe Martens Partners Jeff Van Hoosear, Susan Natland, Diane Reed and Lynda Zadra-Symes participated in the Association of Corporate Counsel (ACC) - Southern California In-House Counsel Conference. This all day CLE program was just for in-house counsel and panels included: Social Media & Privacy; New Developments in California Employment Law; Lawful Interception; Millennial Engagement in the Workplace; and Helping Sales & Marketing Avoid Defamation/Unfair Competition.
On Wednesday, January 23, Knobbe Martens Partners Jeff Van Hoosear, Susan Natland, Diane Reed and Lynda Zadra-Symes participated in the Association of Corporate Counsel (ACC) - Southern California In-House Counsel Conference. This all day CLE program was just for in-house counsel and panels included: Social Media & Privacy; New Developments in California Employment Law; Lawful Interception; Millennial Engagement in the Workplace; and Helping Sales & Marketing Avoid Defamation/Unfair Competition.
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
• Owner of “WOULD YOU RATHER...?” Wins $8.3 Million
• PC ON A STICK Is Not Merely Descriptive
• Sonoma Wine Producer Wins Geographically Limited Injunction
• Brand Owners Awarded Favorable Damages Awards in Counterfeiting Cases
On Monday, September 24, Knobbe Martens hosted an IP Impact 2012 seminar at the Four Seasons – Palo Alto. Over 85 attendees enjoyed a special presentation by keynote speaker, Mr. Raymond Chen, Deputy General Counsel and Solicitor at the USPTO. Mr. Chen joined Knobbe Martens attorneys Gerard von Hoffmann, Brent Babcock and Scott Smith and presented on "Dealing Strategically with the America Invents Act", one of three presentations given during the seminar.
The America Invents Act (AIA), enacted in September 2011, made significant changes to patent law that go into effect September 2012 and March 2013. The U.S. Patent and Trademark Office recently published over a thousand pages of rules dealing with the AIA . View this presentation to learn what hightech companies need to know about the AIA and what you should be doing to implement the right IP strategy at your company.
This presentation titled "The New gTLD Program: What, When, and Why" was given by Knobbe Martens Partner Jeff Van Hoosear on April 16, 2012 to the Orange County Patent Law Association (OCPLA).
Knobbe Martens' Partner Brenden Gingrich presented "Patenting the Unpatentable - Claim Drafting After Prometheus" at the IP Impact 2012 seminar in McLean, Virginia on Wednesday, May 30, 2012. The seminar was designed for corporate counsel, C-Level executives, venture capitalists, entrepreneurs, IP managers and licensing executives.
On Monday, September 24, Knobbe Martens hosted an IP Impact 2012 seminar at the Four Seasons – Palo Alto. Over 85 attendees enjoyed a special presentation by keynote speaker, Mr. Raymond Chen, Deputy General Counsel and Solicitor at the USPTO. Following a short Q&A session with Mr. Chen, Knobbe Martens attorneys Ron Schoenbam and Amy Chun presented on "Latest IP Issues Affecting High-Tech Companies", one of three presentations given during the seminar.
View this presentation to learn what hightech companies should be doing to implement the right IP strategy at your company.
The marcus evans 5th Product and Pipeline Enhancement for Generics Conference hosted industry leaders within the Generic Pharmaceutical, Branded Pharmaceutical and API industries operating globally. These leaders shared best practices, strategies and tools on portfolio management and business strategy, as well as legal, intellectual property and patent issues.
Knobbe Martens' attorneys presented on the following topic:
*Analyzing Recent Updates to the Hatch-Waxman Act to Grasp Future Impacts and Challenges
*Studying recent changes that could impact the industry, including 180-day exclusivity and complications regarding patent listings
*Drawing lessons from the close relationship between the patenting of generic products and FDA regulatory approval to pinpoint areas of improvement
*Considering the impact biosimilar products could have on market entry and patent strategies
*Reviewing both real-life rulings and hypotheticals regarding Hatch-Waxman litigation to identify future strategies
This document summarizes several recent Federal Circuit cases involving issues of patent validity and infringement. The first case summary discusses the Federal Circuit affirming a district court decision upholding patent claims covering the drug Abilify as non-obvious and not invalid for double patenting. The second case discusses the Federal Circuit vacating and remanding a rejection of reissue claims for failure to properly apply the recapture rule. The third case discusses the Federal Circuit affirming a rejection of claims as inherently anticipated by a prior art clinical trial protocol.
On Wednesday, January 23, Knobbe Martens Partners Jeff Van Hoosear, Susan Natland, Diane Reed and Lynda Zadra-Symes participated in the Association of Corporate Counsel (ACC) - Southern California In-House Counsel Conference. This all day CLE program was just for in-house counsel and panels included: Social Media & Privacy; New Developments in California Employment Law; Lawful Interception; Millennial Engagement in the Workplace; and Helping Sales & Marketing Avoid Defamation/Unfair Competition.
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
• Owner of “WOULD YOU RATHER...?” Wins $8.3 Million
• PC ON A STICK Is Not Merely Descriptive
• Sonoma Wine Producer Wins Geographically Limited Injunction
• Brand Owners Awarded Favorable Damages Awards in Counterfeiting Cases
On Monday, September 24, Knobbe Martens hosted an IP Impact 2012 seminar at the Four Seasons – Palo Alto. Over 85 attendees enjoyed a special presentation by keynote speaker, Mr. Raymond Chen, Deputy General Counsel and Solicitor at the USPTO. Mr. Chen joined Knobbe Martens attorneys Gerard von Hoffmann, Brent Babcock and Scott Smith and presented on "Dealing Strategically with the America Invents Act", one of three presentations given during the seminar.
The America Invents Act (AIA), enacted in September 2011, made significant changes to patent law that go into effect September 2012 and March 2013. The U.S. Patent and Trademark Office recently published over a thousand pages of rules dealing with the AIA . View this presentation to learn what hightech companies need to know about the AIA and what you should be doing to implement the right IP strategy at your company.
This presentation titled "The New gTLD Program: What, When, and Why" was given by Knobbe Martens Partner Jeff Van Hoosear on April 16, 2012 to the Orange County Patent Law Association (OCPLA).
Knobbe Martens' Partner Brenden Gingrich presented "Patenting the Unpatentable - Claim Drafting After Prometheus" at the IP Impact 2012 seminar in McLean, Virginia on Wednesday, May 30, 2012. The seminar was designed for corporate counsel, C-Level executives, venture capitalists, entrepreneurs, IP managers and licensing executives.
On Monday, September 24, Knobbe Martens hosted an IP Impact 2012 seminar at the Four Seasons – Palo Alto. Over 85 attendees enjoyed a special presentation by keynote speaker, Mr. Raymond Chen, Deputy General Counsel and Solicitor at the USPTO. Following a short Q&A session with Mr. Chen, Knobbe Martens attorneys Ron Schoenbam and Amy Chun presented on "Latest IP Issues Affecting High-Tech Companies", one of three presentations given during the seminar.
View this presentation to learn what hightech companies should be doing to implement the right IP strategy at your company.
The marcus evans 5th Product and Pipeline Enhancement for Generics Conference hosted industry leaders within the Generic Pharmaceutical, Branded Pharmaceutical and API industries operating globally. These leaders shared best practices, strategies and tools on portfolio management and business strategy, as well as legal, intellectual property and patent issues.
Knobbe Martens' attorneys presented on the following topic:
*Analyzing Recent Updates to the Hatch-Waxman Act to Grasp Future Impacts and Challenges
*Studying recent changes that could impact the industry, including 180-day exclusivity and complications regarding patent listings
*Drawing lessons from the close relationship between the patenting of generic products and FDA regulatory approval to pinpoint areas of improvement
*Considering the impact biosimilar products could have on market entry and patent strategies
*Reviewing both real-life rulings and hypotheticals regarding Hatch-Waxman litigation to identify future strategies
This document summarizes several recent Federal Circuit cases involving issues of patent validity and infringement. The first case summary discusses the Federal Circuit affirming a district court decision upholding patent claims covering the drug Abilify as non-obvious and not invalid for double patenting. The second case discusses the Federal Circuit vacating and remanding a rejection of reissue claims for failure to properly apply the recapture rule. The third case discusses the Federal Circuit affirming a rejection of claims as inherently anticipated by a prior art clinical trial protocol.
This presentation titled "Soarin' Over Your Trademarks - Keys to Monetizing Your Brands" was given by Knobbe Martens' Partners Susan M. Natland and Jeffrey Van Hoosear to a group of in-house counsel attending the American Corporate Counsel (ACC) SoCal Double Header.
This presentation titled "Jungle Cruise: Navigating the Murky Waters of the New Top Level Domain Name Launch" was given by Knobbe Martens' Partners Susan M. Natland and Jeffrey Van Hoosear to a group of in-house counsel attending the American Corporate Counsel (ACC) SoCal Double Header.
On Saturday, April 28, 2012, Knobbe Martens Partner Agnes Juang presented "Intellectual Property Considerations During Product Development" at the Sino-American Biomedical & Pharmaceutical Professionals Association (SABPA) 7th Annual Biomedical Forum, which was held at the McDonnell Douglas Engineering Auditorium at UC Irvine.
The document summarizes a presentation on medical device patents and litigation. It discusses recent statistics on medical device patent applications, grants, and owners. It also reviews recent non-practicing entity (NPE) litigation involving medical device patents, the outcome of inter partes reviews (IPRs) of medical device patents, and notable litigation such as Edwards v. Medtronic over transcatheter heart valves and Masimo v. Philips over pulse oximetry technology. The document concludes with an overview of recent decisions regarding permanent injunctions in medical device patent cases.
The Federal Circuit affirmed in part and reversed in part a district court's judgment regarding patent infringement. It affirmed the judgment of infringement of a fourth system as a sanction for failing to fully respond to interrogatories. It reversed findings of infringement for the first two systems because the patent required an unmodified point of sale device, but testimony only showed the systems could use one, not that they actually did. It affirmed that a third system was covered by a license agreement. The Supreme Court ruled that patent exhaustion does not allow reproducing patented seeds through planting and harvesting without permission. The Federal Circuit affirmed that litigation activities alone do not satisfy the domestic industry requirement for the ITC.
A panel of experts discussed the concept of “freedom to operate” in the context of evaluating and mitigating third party patent infringement risk at a recent OCTANe OC event. The discussion focused on startup companies, and the topics included: How to analyze the third party patent landscape; How to set an appropriate budget based on the company’s objectives and milestones; Understanding the impact of litigation on the company; What to do if the company is sued.
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
• Ron Paul’s Complaint to Regain RonPaul.org Constitutes Reverse Domain Hijacking
• MOTT’s for Baby Food Is Considered Primarily Merely a Surname
• Company Uses More than Is Reasonably Necessary to Advertise that its Test Strips Work with Another’s Meters
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Double Patenting Applies With Distinct Inventive Entities
• Inducement Judgment Remanded in Light of Akamai
• First Sale Doctrine Applies to Sales Made Abroad
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Evidence of Deliberate Decision to Withhold Reference Required for Inequitable Conduct
Licensee Bears Burden of Proving Non-Infringemet in Some Circumstances
No Inequitable Conduct for Failure to Disclose Litigation Involving Parent of Application
Mere Possibility of Allegedly Infringing Activity Insufficient for Declaratory Judgment Jurisdiction
Doctrine of Equivalents Is Available for “Substantially All” Limitation
Court Finds Broadest Reasonable Interpretation of Claim Unreasonable
Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar will host a free seminar series on intellectual property basics for Temecula’s business community. This interactive and practical series will provide a basic overview of patents, copyrights and trademarks, while also answering questions about preparing patent applications and how to file for a patent. Entrepreneurs, investors, startups, inventors and anyone interested in learning how intellectual property and patents can help their business will benefit from these classes.
WHO: Knobbe Martens, one of the largest intellectual property firms in the United States, in conjunction with the Temecula Valley Entrepreneur’s Exchange will host this series.
SPEAKERS: Jeide specializes in several areas of intellectual property law, including patent prosecution, legal opinion work and licensing. Cromar focuses on IP counseling and patent preparation and prosecution.
COST: Classes are free and open to the public. However, seating is limited so please RSVP via the following link: http://tve2ipbasicsseries.eventbrite.com/.
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
Facebook Stops FACEMAIL
The Battle of the Rolled Chips
Quiksilver Hit with $3.5 Million Punitive Damages Award
Knobbe Martens hosted a Pre-Conference Workshop on Monday, October 15, 2012, at the IN3 Medical Device Summit in San Francisco. Knobbe Partners Paul Conover, Curtis Huffmire, and Karen Vogel Weil presented a “Patent Update for Medical Device Companies.” This forum took place in the hub of device investment and innovation in the San Francisco Bay Area, and brought together a diverse group of medtech’s key thought leaders to candidly discuss the critical issues that will define the future of all players in the evolving device space.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
Leveraging & Protecting Trade Secrets in the 21st Century (Series: Intellectu...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever. Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets. How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/leveraging-protecting-trade-secrets-2020/
Leveraging & Protecting Trade Secrets in the 21st Century (Series: Intellectu...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever.
Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets.
How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/leveraging-protecting-trade-secrets-in-the-21st-century-2021/
The document discusses trade secrets, including what they are, why companies should conduct trade secret audits, examples of potential trade secrets, legal protection for trade secrets, and remedies for misappropriation. It notes that trade secrets are confidential information with commercial value that companies take reasonable steps to keep secret. Conducting regular trade secret audits helps identify a company's trade secret assets and protect them. Potential trade secret information can include technical, scientific, financial, commercial, and human resource information. Companies should develop trade secret protection policies including restricting access and labeling information as confidential. Legal remedies for misappropriation include damages, injunctions, and criminal charges in some cases.
Leveraging & Protecting Trade Secrets in the 21st Century (Series: INTELLECTU...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever.
Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets.
How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/on_demand_webinars/leveraging-protecting-trade-secrets-in-the-21st-century/
This document summarizes key points from a presentation on cloud privacy updates and what businesses need to know. It discusses the growing issue of data breaches, providing statistics on the number of breaches and records compromised in 2011. It outlines how brands can protect themselves by implementing technical security measures, conducting risk assessments, and complying with relevant privacy laws. The presentation also reviews tools and resources available to businesses to monitor their online reputation and ensure email marketing compliance.
Protecting Intellectual Property and Data Loss Prevention (DLP)Arpin Consulting
Protecting Intellectual Property and Data Loss Prevention (DLP) – what makes your business unique, different, valuable, and attracts clients and customers - presented at the Boston Business Alliance 9/23/09
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
This presentation titled "Soarin' Over Your Trademarks - Keys to Monetizing Your Brands" was given by Knobbe Martens' Partners Susan M. Natland and Jeffrey Van Hoosear to a group of in-house counsel attending the American Corporate Counsel (ACC) SoCal Double Header.
This presentation titled "Jungle Cruise: Navigating the Murky Waters of the New Top Level Domain Name Launch" was given by Knobbe Martens' Partners Susan M. Natland and Jeffrey Van Hoosear to a group of in-house counsel attending the American Corporate Counsel (ACC) SoCal Double Header.
On Saturday, April 28, 2012, Knobbe Martens Partner Agnes Juang presented "Intellectual Property Considerations During Product Development" at the Sino-American Biomedical & Pharmaceutical Professionals Association (SABPA) 7th Annual Biomedical Forum, which was held at the McDonnell Douglas Engineering Auditorium at UC Irvine.
The document summarizes a presentation on medical device patents and litigation. It discusses recent statistics on medical device patent applications, grants, and owners. It also reviews recent non-practicing entity (NPE) litigation involving medical device patents, the outcome of inter partes reviews (IPRs) of medical device patents, and notable litigation such as Edwards v. Medtronic over transcatheter heart valves and Masimo v. Philips over pulse oximetry technology. The document concludes with an overview of recent decisions regarding permanent injunctions in medical device patent cases.
The Federal Circuit affirmed in part and reversed in part a district court's judgment regarding patent infringement. It affirmed the judgment of infringement of a fourth system as a sanction for failing to fully respond to interrogatories. It reversed findings of infringement for the first two systems because the patent required an unmodified point of sale device, but testimony only showed the systems could use one, not that they actually did. It affirmed that a third system was covered by a license agreement. The Supreme Court ruled that patent exhaustion does not allow reproducing patented seeds through planting and harvesting without permission. The Federal Circuit affirmed that litigation activities alone do not satisfy the domestic industry requirement for the ITC.
A panel of experts discussed the concept of “freedom to operate” in the context of evaluating and mitigating third party patent infringement risk at a recent OCTANe OC event. The discussion focused on startup companies, and the topics included: How to analyze the third party patent landscape; How to set an appropriate budget based on the company’s objectives and milestones; Understanding the impact of litigation on the company; What to do if the company is sued.
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
• Ron Paul’s Complaint to Regain RonPaul.org Constitutes Reverse Domain Hijacking
• MOTT’s for Baby Food Is Considered Primarily Merely a Surname
• Company Uses More than Is Reasonably Necessary to Advertise that its Test Strips Work with Another’s Meters
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Double Patenting Applies With Distinct Inventive Entities
• Inducement Judgment Remanded in Light of Akamai
• First Sale Doctrine Applies to Sales Made Abroad
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Evidence of Deliberate Decision to Withhold Reference Required for Inequitable Conduct
Licensee Bears Burden of Proving Non-Infringemet in Some Circumstances
No Inequitable Conduct for Failure to Disclose Litigation Involving Parent of Application
Mere Possibility of Allegedly Infringing Activity Insufficient for Declaratory Judgment Jurisdiction
Doctrine of Equivalents Is Available for “Substantially All” Limitation
Court Finds Broadest Reasonable Interpretation of Claim Unreasonable
Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar will host a free seminar series on intellectual property basics for Temecula’s business community. This interactive and practical series will provide a basic overview of patents, copyrights and trademarks, while also answering questions about preparing patent applications and how to file for a patent. Entrepreneurs, investors, startups, inventors and anyone interested in learning how intellectual property and patents can help their business will benefit from these classes.
WHO: Knobbe Martens, one of the largest intellectual property firms in the United States, in conjunction with the Temecula Valley Entrepreneur’s Exchange will host this series.
SPEAKERS: Jeide specializes in several areas of intellectual property law, including patent prosecution, legal opinion work and licensing. Cromar focuses on IP counseling and patent preparation and prosecution.
COST: Classes are free and open to the public. However, seating is limited so please RSVP via the following link: http://tve2ipbasicsseries.eventbrite.com/.
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
Facebook Stops FACEMAIL
The Battle of the Rolled Chips
Quiksilver Hit with $3.5 Million Punitive Damages Award
Knobbe Martens hosted a Pre-Conference Workshop on Monday, October 15, 2012, at the IN3 Medical Device Summit in San Francisco. Knobbe Partners Paul Conover, Curtis Huffmire, and Karen Vogel Weil presented a “Patent Update for Medical Device Companies.” This forum took place in the hub of device investment and innovation in the San Francisco Bay Area, and brought together a diverse group of medtech’s key thought leaders to candidly discuss the critical issues that will define the future of all players in the evolving device space.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
Leveraging & Protecting Trade Secrets in the 21st Century (Series: Intellectu...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever. Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets. How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/leveraging-protecting-trade-secrets-2020/
Leveraging & Protecting Trade Secrets in the 21st Century (Series: Intellectu...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever.
Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets.
How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/leveraging-protecting-trade-secrets-in-the-21st-century-2021/
The document discusses trade secrets, including what they are, why companies should conduct trade secret audits, examples of potential trade secrets, legal protection for trade secrets, and remedies for misappropriation. It notes that trade secrets are confidential information with commercial value that companies take reasonable steps to keep secret. Conducting regular trade secret audits helps identify a company's trade secret assets and protect them. Potential trade secret information can include technical, scientific, financial, commercial, and human resource information. Companies should develop trade secret protection policies including restricting access and labeling information as confidential. Legal remedies for misappropriation include damages, injunctions, and criminal charges in some cases.
Leveraging & Protecting Trade Secrets in the 21st Century (Series: INTELLECTU...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever.
Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets.
How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/on_demand_webinars/leveraging-protecting-trade-secrets-in-the-21st-century/
This document summarizes key points from a presentation on cloud privacy updates and what businesses need to know. It discusses the growing issue of data breaches, providing statistics on the number of breaches and records compromised in 2011. It outlines how brands can protect themselves by implementing technical security measures, conducting risk assessments, and complying with relevant privacy laws. The presentation also reviews tools and resources available to businesses to monitor their online reputation and ensure email marketing compliance.
Protecting Intellectual Property and Data Loss Prevention (DLP)Arpin Consulting
Protecting Intellectual Property and Data Loss Prevention (DLP) – what makes your business unique, different, valuable, and attracts clients and customers - presented at the Boston Business Alliance 9/23/09
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
Lawyers are required to enact 'reasonable' safeguards when storing client files. They must also deal with an ever-increasing number of new privacy regulations imposed on them and their clients. When handling sensitive client data, lawyers need to balance issues of confidentiality and privacy against building productive workflows. Failure to keep client information secure can lead to a potential waiver of privilege, malpractice claims, and even fines from various government agencies. Law firms need rigorous security, no matter their firm’s size or practice area.
A law firm’s security plan must include three components: user training and access controls, secure technology, and a recovery plan.
Join Clio’s lawyer in residence, Joshua Lenon, as he shows you how to enact a security plan for your law firm with guest Chris Wiesinger of CloudMask, an encryption service provider for cloud-based technologies.
In this free, CLE-accredited presentation1, attendees will learn:
The difference between confidentiality and privacy for law firms
The regulations that apply to all law firms, as well as those for specific practice areas
The security planning tips you can use to assess and protect your law firm
The tools to improve your law firm’s security profile
Data loss prevention (DLP) systems are used to detect and prevent confidential data from being leaked outside an organization. For banking and financial institutions, DLP is especially important to protect sensitive personal information of customers, such as social security numbers, account balances, and credit information. Key laws and standards that regulate how financial institutions must protect data include the Gramm-Leach-Bliley Act, Payment Card Industry Data Security Standard, and Health Insurance Portability and Accountability Act. DLP solutions work at the endpoint, network, and storage levels to monitor and block unauthorized transmission of sensitive data.
This document provides an overview of StereoVision Imaging, Inc., a 3D facial recognition technology company. It summarizes the company's patented optical system and proprietary 3D/2D imaging algorithms, which can identify faces under challenging conditions up to 200 meters away. It also describes the company's funding history, including government contracts, and projections for strong revenue and EBITDA growth. Key information on the experienced management team and the large addressable market for the company's technology is also provided.
This document discusses protecting businesses from identity theft and fraud, which is described as the greatest threat of the 21st century. It notes that identity theft directly impacts businesses through their customers and employees. Businesses must comply with various federal and state regulations regarding privacy and security of personal and financial information. The document outlines how identity theft can occur and have devastating consequences for businesses through lost customers, damaged reputation, stolen money, and high costs of recovery. It recommends businesses take administrative, technical, and policy measures to protect against threats and comply with relevant laws.
This document provides an overview of Accenture's Client Data Protection (CDP) program for an engagement with Banco Bradesco. It discusses the CDP controls that are implemented to mitigate risks, the responsibilities of individuals to protect client data, and actions they should take. Specific controls discussed include accountability, legal/contractual requirements, user access management, approved devices/tools, encryption of data, and training. The presentation emphasizes that protecting client data is everyone's responsibility and provides contacts for questions.
This document discusses trade secrets and how to protect them. It provides an outline of topics covered, which include definitions of trade secrets, why they are important, how to protect them, types of trade secrets, how they can affect business, and differences between trade secrets, copyrights, patents, and trademarks. Examples of famous trade secrets are also given, such as the formula for Coca-Cola. Factors for determining if information qualifies as a trade secret are listed, as well as liability for misappropriation. Written agreements with employees are discussed as a key protection strategy.
Here's a short presentation on the GDPR, first presented at the Morning Advertiser MA500 event in Edinburgh on 14th September. This is an overview regulations.
Kerry Mickelson from Marcum LLP presented on the importance of conducting regular IT assessments. The presentation covered topics such as industry best practices, network infrastructure, security, disaster recovery, budget reviews, and compliance. Mickelson emphasized that assessments help identify risks, ensure compliance, and improve business processes. Regular assessments also benefit IT staff by providing coaching to help address any issues.
M-CAT Enterprises provides cybersecurity, fraud, and data management consulting services including investigations and expert testimony. They have over 120 years of combined experience and certifications in these fields. Their services include threat assessments, evidence gathering, training, policy reviews, and assistance with legal issues like lawsuits and tax audits. Potential clients include law firms, corporations, government agencies, and individuals who need help addressing cybersecurity breaches, data leaks, fraud investigations, or managing large amounts of data. M-CAT uses a 5-step process for engagements that includes an initial case review, signing agreements, payment of a retainer, conducting an investigation, and delivering draft and final reports or solutions.
To ensure that electronic documentation & records shall only be accessible to those who are authorized, and be restricted from the rest.
Nevertheless, there is necessity to balance it against the enterprise need to use and share the information
SecureWorld Expo Dallas - Cybersecurity Law: What Business and IT Leaders Nee...Shawn Tuma
This presentation was delivered by Shawn E. Tuma, Cybersecurity and Data Privacy Attorney, to SecureWorld Expo Dallas on September 27, 2016.
This presentation was significantly updated from past presentations and included a discussion of the groundbreaking New York Department of Financial Services (NYDFS) Cybersecurity Requirements for Financial Services Companies.
The main points of this presentation are:
(1) Cybersecurity events create a crisis situation and should be treated as such;
(2) Cybersecurity incidents are as much legal events as they are IT or Business / Public Relations events;
(3) Companies must have a cybersecurity breach response plan in place and tested, in advance;
(4) While consumer class action data breach litigation is a significant threat to companies and their leadership, it is not as great of a threat as regulatory enforcement by agencies such as the FTC and SEC, or the shareholder derivative claims for officer and director liability; and
(5) The odds are that all company will be breached, but preparation and diligence can help minimize the likelihood that such a breach from being a catastrophic event.
This presentation addresses the role of attorneys as the first responders in leading their clients through cybersecurity and data loss crisis events. The discussion begins by looking at the risk business have of being the victim of a cybersecurity or data loss incident and examining the nature of such incidents and the crisis environment they create. Then, because of this crisis environment, the need for leadership in helping keep the parties calm, rational, and making deliberate, calculated decisions.
The discussion then explains why cybersecurity events are legal events and legal counsel is the natural leader that should fulfill this role and how they can do so. It will then discuss the process legal counsel will take, including assembling the key players in such an event, both internally and externally. It discusses the obligations for responding to such an event, the steps that must be taken, those that must be considered, and certain factors that go into the decision-making process. It briefly addresses the costs of such an incident and the liability issues that can arise from such an incident and failing to properly respond to the incident. This section includes a discussion of the cybersecurity lawsuit landscape, cybersecurity regulatory landscape, and the issue of cybersecurity-related officer and director liability stemming from shareholder derivative lawsuits based on cybersecurity incidents.
It concludes with a discussion of the steps that companies can take to prepare for and be in a better position to respond to and mitigate the negative repercussions of such an incident.
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Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
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LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UP
Hiring Competitor’s Top Talent & Being Fiercely Competitive Without Exposing Your Company
1. Swimming With Piranhas:
Hiring Competitor’s Top Talent & Being Fiercely
Competitive Without Exposing Your Company
Avoiding Trade Secret Misappropriation, False
Advertising & Unfair Competition Claims
January 23, 2013
Los Angeles, California
Moderator: Harrison Perla, Esq.
Panelists: Lynda Zadra-Symes, Jeff Van Hoosear,
Susan Natland and Diane Reed
@KnobbeMartens at Twitter
The recipient may only view this work. No other right or license is granted.
#IHCC12
#IHCC13 2013 ACC-SoCal In-House Counsel Conference
2. Via Federal Express
Dear President:
I am General Counsel for Fierce Competitor, LLC. (“FCL”).
It has come to my attention that your company has recently hired Pat O’Neil Riley, a former V.P. of
Sales and & Marketing at FCL. Given Pat’s position at FCL, Pat had access to a variety of confidential
and proprietary information. Whatever Pat knows clearly qualifies as a TRADE SECRET of FCL and
should not be used by your company …
We demand that you cease and desist from the use and disclosure of all information and data that Pat
obtained while a V.P. at FCL …
We further demand your immediate confirmation that your company will not use or disclose any
TRADE SECRETS or proprietary information of FCL …
Unless I have your immediate confirmation by the close of business yesterday, FCL will proceed to
enforce all legal remedies available to it, including, false advertising, unfair competition, trade libel,
as well as all other remedies that our outside counsel have not yet even thought of …
I expect to hear from you by yesterday. Have a nice day.
Sincerely, General Counsel
2013 ACC-SoCal In-House Counsel Conference #IHCC13
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3. What is your next step?
2013 ACC-SoCal In-House Counsel Conference #IHCC13
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5. What is a Trade Secret?
“Trade secret” is a legal term for knowledge, or
information that is confidential or secret
Another term that you may sometimes hear is
“confidential” or “proprietary” information
These terms are more or less synonymous:
– Trade secrets
– Proprietary information
– Confidential information
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6. Laws governing the protection of
trade secrets
In the U.S., the protection of trade secrets is
governed by state law
Trade secret laws vary from state to state
There is no U.S. or federal system for recognizing
trade secrets
Some foreign countries have laws to protect trade
secrets, but those laws vary from country to
country (so governing law is important)
Some foreign countries do not even recognize
trade secrets as a form of IP
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7. What are the legal requirements to
protect trade secrets?
Generally, the law will recognize and protect a
trade secret if it constitutes information that:
– Is not generally known (i.e., it is secret or confidential)
– Has value to you or would have value to a competitor
– Is subject to reasonable efforts/procedures to preserve
its confidentiality
Conversely, if the information is publicly available
or otherwise falls into the public domain, it is not
protectable as a trade secret
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8. What kind of information can
be protected?
Almost anything!
Business information
– Financial data
– Sales data
– Customer or vendor data
– Operational information
– Branding information
– Advertising and marketing data
– Prospective products, services, or programs
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9. What kind of information can
be protected?
Technical, engineering, testing or scientific
information or data
Computer software and related documentation
Manufacturing processes or methodologies
Recipes, formulas or instructions
The law tends to favor technical information over
business information – so be especially careful with
protecting business information to preserve its trade
secret status
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10. Do you need to file or register
anything to protect a trade secret?
There is no legal system for registration of a trade
secret
Whether information qualifies as a trade secret is
based on a good faith belief that it meets the
requirements
There are important procedures for preserving a
trade secret as a protectable asset
It is fairly easy to lose trade secret status
2013 ACC-SoCal In-House Counsel Conference #IHCC13
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11. How do I protect a trade secret?
The most important things to do:
– TREAT THE INFORMATION IN A CONFIDENTIAL
MANNER
– Clearly label or designate the information as
“confidential” or “proprietary”
– Maintain the information in a locked or secure location
that cannot be accessed without appropriate
authorization
– Limit access to the information only to those within the
company who need to know it
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12. How do I protect a trade secret?
– Do not publish or distribute the information to the public
– Use appropriate agreements with confidentiality clauses
– Monitor or audit compliance on a regular basis to ensure
(and demonstrate, if necessary) that the procedures to
protect you trade secrets are in force and being followed
– Treat your trade secrets and your NDAs as your other IP
(status reports, etc.)
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13. What if I need to share the
information?
Be sure to enter into an appropriate agreement requiring
the recipient of the information to maintain the
confidentiality of the information
One type of common agreement is a Non-Disclosure
Agreement or “NDA”
There are several types for different situations, so be sure to
consult legal counsel before signing an NDA or asking someone
else to sign one
The NDA should limit the purpose and use of confidential
information
The NDA should have a general IP assignment clause
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14. NDAs and Other Agreements
Any agreement can have a “confidentiality” clause
to preserve the trade secret status of information
exchanged pursuant to the agreement
A few examples are:
– Employee agreements
– Consulting agreements
– Development (R&D) agreements
– Software development agreements
– Manufacturing agreements
– Vendor agreements
– Supply agreements
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15. How long do trade secrets last?
Trade secret protection can last forever
Duration is unlimited as long as the
information is kept secret
– Coca-Cola (recipe)
– KFC (recipe)
– Google (algorithm)
– The New York Times Bestseller List (algorithm)
If the information is released to the public,
even illegally, the trade secret will be lost
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16. How can trade secret status be
lost?
Publishing articles or white papers containing the
trade secret information
Posting the information on a website or in social
media
Presenting the information at a trade show or
conference
Speaking to others outside the company about the
information
Selling, distributing or presenting a product or
sample that embodies the information (under certain
circumstances)
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17. What circumstances?
The sale or distribution of a product from which
the information can be discerned by reverse
engineering will cause the information to lose
trade secret status!
– Reverse engineering of competitor’s products is
often conducted as routine “competitive
intelligence” by many companies
– Several labs specialize in reverse engineering
products to determine product composition,
physical characteristics, and even how the product
was made
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18. Other ways to lose trade secret
status
Other ways to lose trade secret status:
– The information is developed independently by another
party
The trade secret status may not be lost but you cannot enforce
your trade secret rights against that party
– The information is developed independently or
discovered by another party and made available to the
public
The information falls into the public domain and trade secret
status is lost
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19. Still other ways to lose trade
secret status
Breach of an NDA or other confidentiality
agreement – legal action may be available but the
trade secret status is still lost
– Even though there is an NDA, it is not a guarantee that
the party receiving the trade secret will honor the
confidentiality obligations of the agreement
– Thus, disclosure of trade secrets under the protection
of an NDA must be carefully evaluated, including the
level of trust that is reposed in the receiving party
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20. Losing Trade Secret Protection
Publication Disclosure
Presentation Disclosure
Inadvertent Disclosure
Sale or Distribution
Independent Development
Breach of an NDA
Patent by a Third Party
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21. Because trade secret status can be
easily lost . . .
Serious consideration should be given at the
outset to whether the information should be
protected by trade secret, copyright, or patent (if
available)
Note that if you initially follow the trade secret
route, patent protection is likely not available,
copyright still possible
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22. General Principles
An Employee Can Take His or Her General
Knowledge, Skill, Experience
Cannot Take Anything Tangible Belonging to the
Employer
Cannot Take Anything “confidential” or protected as
a trade secret
Contractual Limitations
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23. Can I be at risk in violating the
trade secret rights of others?
Caution should be exercised in hiring employees
from competitors
– Be sure to consult legal counsel in sensitive situations
– Avoid risk of charges that you hired an employee to
gain access to the competitor’s trade secrets
– Avoid charges that you “interfered” with a competitor’s
contractual or customer relations
– Have provision in employment agreement which
confirms employee has no trade secrets or confidential
information of prior employers
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24. Can I be at risk in violating the
trade secret rights of others?
Even in NDA situations or other agreements, avoid
receiving the confidential information of another
party unless absolutely necessary to fulfill the
purposes of the arrangement
Have a clear policy and educate your team to
respect the IP rights (including trade secrets) of
others
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25. Avoiding Liability for
Misappropriation
Hiring Sensitive Employees from Competitors
Nothing Should be Taken from Prior Employer
Do Not “Jump the Gun” (review hiring and start dates)
Review Calendar/Schedule (track employee’s work
product)
Document Independent Creation
Conduct Independent Research to Find Customers,
Vendors, etc.
Consider a “Clean Room” Procedure
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26. General Procedures and
Recommendations
Advertise for All Positions
Do Not Target a Particular Individual
Publish Policy Against Misappropriation
Similar Provision in Employee Agreement
Have a New Project Underway Before Hiring any
“Sensitive” Employees
Avoid Hiring a Number of Competitor’s Employees
at the Same Time or Within a Short Time Period
Review Insurance Policy
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27. Insert
Sponsor
Logo Panelists
here
Moderator:
– Harrison Perla, Esq.
Harrison Perla, Director of Worldwide Legal Affairs at CEVA, Inc.
@HarrisonEsquire on Twitter
Presenters:
– Susan M. Natland, Esq. – Diane M. Reed, Esq.
Partner at Knobbe Martens Partner at Knobbe Martens
Susan.Natland@knobbe.com Diane.Reed@knobbe.com
– Lynda Zadra-Symes, Esq. – Jeff Van Hoosear, Esq.
Partner at Knobbe Martens Partner at Knobbe Martens
Lynda.Zadra-Symes@knobbe.com Jeff.VanHoosear@knobbe.com
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