In 2023, the U.S. Supreme Court (SCOTUS) will take up what could prove a landmark case on the reach of U.S. courts in awarding damages based on extraterritorial sales in trademark disputes. The case is Abitron Austria GmbH, et al. v. Hetronic International, Inc., Docket 21-1043. Hetronic manufactures construction equipment components. By agreement, Arbitron and […]
Extraterritorial
New Managing Director Shelly Irvine
Ocean Tomo, a part of J.S. Held, welcomes intellectual property (IP) expert Shelly Irvine. Ms. Irvine will lead the San Francisco office, expanding financial expert opinion, strategy consulting and transaction advisory client service on matters involving intellectual property and other intangible assets. Ocean Tomo Founder and Senior Managing Director, James E. Malackowski identifies significant synergies […]
Monetary Recovery for Trade Secret Misappropriation
Importance of Evaluating Defendant’s R&D Acceleration and Related Cost Savings More than six years have passed since President Obama signed into law the Defend Trade Secrets Act (“DTSA”) in May 2016. Since then, Federal trade secret actions have been on the rise, with an average of nearly 160 new DTSA cases filed each quarter since […]
Extraterritorial Application of the Defend Trade Secrets Act
Trade secrets are a valuable form of IP which need to be protected. In 2019, the FBI reported that the annual cost to the US economy of counterfeit goods, pirated software, and theft of trade secrets is between $225 and $600 billion. To further the protection of U.S. trade secrets, President Obama signed into law […]