Court Benchslaps Trade Secret Plaintiff and Counsel For Bad Faith Litigation–RBC Bearings v. Caliber

As you know, for the past year I’ve been railing against the Defend Trade Secrets Act’s unprecedented and ill-advised ex parte seizure provision. The good news is that, as far as I know, there’s only been one request for a…

Employees Bound By Clickthrough Agreements–ADP v. Lynch

An employer sued two departing employees for joining a competitor. The employer sought to enforce, among other things, a non-compete clause (the court calls it a restrictive covenant). The employer included the non-compete provision in stock option grant documentation presented…

Trade Secret Owner Penalized For ‘Specious’ Misappropriation Lawsuit–BTS v. Exclusive Perspectives

As you know, I’ve expressed many concerns about the new ex parte seizure provisions in the Defend Trade Secrets Act (DTSA). To support the ex parte seizure provision, DTSA proponents sometimes argued that legitimate trade secret owners and their lawyers…

The Pros and (Scary) Cons of the New EU Trade Secret Directive, Part 2 (Guest Blog Post)

By Guest Blogger Sharon K. Sandeen Part One of this post gave an overview of the new EU Trade Secret Directive (the “TS Directive”) that will be effective shortly (on the twentieth day after it is published in the Official…

The Pros and (Scary) Cons of the New EU Trade Secret Directive, Part 1 (Guest Blog Post)

By Guest Blogger Sharon K. Sandeen Several years ago, I noticed something remarkable. After years (decades really) of being ignored, trade secret law was finally getting the attention it deserved, and on both sides of the Atlantic. First came the…

The New ‘Defend Trade Secrets Act’ Is The Biggest IP Development In Years (Forbes Cross-Post)

Last week, Congress passed the Defend Trade Secrets Act (the DTSA), which President Obama will sign soon. The Defend Trade Secrets Act extends the current Economic Espionage Act of 1996, which criminalizes certain trade secret misappropriations, to allow civil lawsuits….

Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)

Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)

Copyright * Naruto v. Slater: “Naruto is not an “author” within the meaning of the Copyright Act.” I heart Naruto! * Handshoe v. Abel, 1:14-cv-00159-KS-MTP (S.D. Miss. Jan. 8, 2016) (cites omitted): Given that there is no dispute that the…

Senate Judiciary Committee Passes Amended Defend Trade Secrets Act. What Changed? (Guest Blog Post)

Senate Judiciary Committee Passes Amended Defend Trade Secrets Act. What Changed? (Guest Blog Post)

By Guest Blogger Sharon K. Sandeen The Defend Trade Secrets Act (S. 1890) passed out of the U.S. Senate Committee on the Judiciary today, but not before it was amended to address a number of concerns that were voiced by…

Oculus Faces Messy Ownership Claims Over Its Head Mounted Display--Total Recall v. Luckey

Oculus Faces Messy Ownership Claims Over Its Head Mounted Display–Total Recall v. Luckey

Palmer Luckey, who ultimately developed the much-hyped Oculus Rift, entered into an agreement with a company called “Total Recall”. Although it was not crystal clear, the agreement was technically with Thomas Seidl, one of the partners of Total Recall. The…