Trade secret owners have a powerful new remedy to protect their stolen trade secrets, one that is not generally available in civil actions. The Defend Trade Secrets Act (DTSA) provides a right for the trade secret owner to ask the court for an ex parte order to seize property (18 U.S.C. § 1836). Ex parte […]

How do you, the cautious employer, protect yourself from trade secret theft?  One way is through employment agreements.  Many of the court cases involving employee theft of trade secrets include employment agreements with intellectual property terms.  We believe that courts are more likely to conclude that the actions by a former employee are or will be a […]

Question on a Keyboard

Dear Doc:   When I joined MegaCorp, I was “asked” (well, told, actually) to sign a nondisclosure agreement that limits what I can do with any trade secrets I may learn while doing my job. That agreement says that I can’t tell a single, solitary soul, and that if I do, MegaCorp will, I guess, […]

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA” or “Act”). The bill was largely uncontroversial (imagine that), passing the Senate by an 87-0 vote and the House by a 410-2 vote. The DTSA is an important piece of legislation.  It is so important that we have decided to focus our […]

  If you have patents or have been involved in patenting, then you have heard about the  difference between design and utility patents.  The explanation probably went something like this: A utility patent protects how a thing does what it does.  A design patent protects the appearance of the thing. And: A design patent cannot […]