IP & Technology Law Trends
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You Can’t Take It With You: Bankruptcy Court Offers Novel Remedies for Misappropriated Trade Secrets
It’s not uncommon for executive employees with specialized knowledge in their fields to be poached by competing companies—but under a recent decision from the United States Bankruptcy Court for the District of Delaware, taking an old employer’s trade...
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And Then There Was One...Massachusetts Adopts Uniform Trade Secrets Act
Almost every state in the nation has adopted some version of the Uniform Trade Secrets Act (UTSA). For many years, the two biggest holdouts had been Massachusetts and New York, which both stubbornly clung to a mélange of common law principles to prot...
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The State Can Plunder Your Copyright: Allen v. Cooper
In 1710, during the reign of Queen Anne, Great Britain’s Parliament enacted the statute that gave rise to copyright as we know it—the Statute of Anne—which was the first statute to declare that the subject matter of copyright would be regulated by th...
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With Non-Compete Provisions, Let’s Remember the Requirement of a “Protectable Interest”
The strongest approach for an employer hiring someone supposedly bound by a non-competition provision may be to present an argument that the information in question is not information that qualifies as a “protectable interest” to begin with.
Proving...
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Supreme Court Extends Reach of Patentee to Recover Lost Foreign Profits
Jun 25, 2018
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The Supreme Court on Friday held that WesternGeco, LLC ("WesternGeco"), owner of patents for a system used to survey the ocean floor, can recover profits from sales it lost outside the U.S. due to Ion Geophysical Corp.'s ("ION") infringement of its p...
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Christian Louboutin Claims Victory in EU Court Trademark Battle Over Its Iconic Red-Soled Shoes
On Tuesday, June 12, 2018, the European Union's (EU) highest court, the Court of Justice of the European Union (the CJEU) (La Cour de justice de l'Union européenne), held that French designer Christian Louboutin's mark consisting of a color applied t...
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