An important part of IP strategic planning is an understanding of the litigation environment in the relevant technology space. When analyzing patent value and business risks related to IP management, it is imperative to consider the entities actively enforcing patents in a technology area, the types of patented technologies that are being enforced, the importance […]
Insights
Can Hollywood Teach Trade Secret Owners About Protective Measures? Absolutely!
Recently, the Wall Street Journal reported on protective measures that studios and producers take to prevent scripts (and screenplays) from being publicly disclosed. (Ben Fritz, “Hollywood’s Latest Thriller: How to Keep Scripts Secret,” 10/14/13 WSJ, A1, A12.) Those measures provide an exemplary framework for protecting scripts and an exemplary starting point for protecting trade secrets. […]
Next Round of Patent Legislation: Innovation Act
Notice went out yesterday that House Judiciary Committee Chairman Bob Goodlatte (R-Va.) is set to release his patent reform bill (“The Innovation Act”). A Hearing is scheduled to take place next Tuesday and will involve the full Judiciary Committee and not just the IP Subcommittee. You can review The Innovation Act here. Under the proposed […]
You Just Learned That Your Trade Secret Has Been Stolen; What Is The First Thing That You Should Do?
You protect your trade secrets. Nevertheless, you just learned that a former employee, who recently resigned, has stolen one of your trade secrets. What is the first thing that you should do? Immediately attempt to retrieve the trade secret. (Attempted retrieval should be the first step in the company’s trade secret misappropriation response protocol, which […]
CPAs Make Invaluable Expert Witnesses
In 2013, there has been a strong demand for expert witnesses who are also Certified Public Accountants. It is believed that CPAs are ranked among the most trusted professionals and their reputation for objectivity and independence makes them ideal expert witnesses. Additionally in an article on the CPA as an expert witness, attorneys Thomas A. […]
Trade Secret Valuation Can Be Part of Effective Trade Secret Management
If one of your trade secrets is stolen, are you prepared to promptly respond? In particular, are you prepared to promptly (1) investigate the theft, (2) attempt to prevent the loss of the trade secret (through, e.g., unauthorized public disclosure), (3) attempt to mitigate or avoid other harm to your operations and (4) pursue appropriate […]
Take 5 On Patents: August Report
Today we released the new Take 5: On Patents report featuring an overview of patent issuance activity within the United States Patent & Trademark Office in August including: Top 5 Utility Patents Issued (#1 Digimarc Corp. ‘108 Patent) Top 5 Patenting Entities (Samsung Electronics ‘056 Patent) Top 5 First Named Inventors (#1 again, Semiconductor Energy […]
Thoughts on the Microsoft and Nokia Transaction
Some in and around the IP community have criticized the Microsoft (MSFT)/Nokia (NOK) transaction as anticompetitive. For example, David Balto, a former policy director of the Federal Trade Commission, wrote in the Huffington Post, “When competitors form a truce, consumers need to worry because often they find ways to make consumers pay more by cutting […]