Glimmers of Justice Gorsuch’s Prospective IP Jurisprudence

On April 10, 2017, Neil Gorsuch was sworn in as the 113th justice of the Supreme Court, filling the vacancy left by Justice Antonin Scalia.  While on the Tenth Circuit, Justice Gorsuch wrote opinions on complex trade secret, copyright, and trademark issues in a detail-oriented manner that indicates balanced treatment of intellectual property owners and challengers. His intellectual property opinions delve into complicated issues and thoroughly explain his reasoning.  But his criticism of Chevron deference, exemplified in his concurring opinion in Gutierrez-Brizuela v. Lynch (2016), raises questions about how he will approach agency interpretation of intellectual property laws. Click here   Read More »

Posted in Copyright Litigation, IP and Technology Litigation, Patent Litigation, Trade Secrets Litigation, Trademark Litigation | Tagged

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Federal Defend Trade Secrets Act Becomes Law, Posing Myriad New Issues to Consider

Please see this brief video message regarding this important new legislation, signed by President Obama today.

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House of Representatives Passes Defend Trade Secrets Act

The House of Representatives passed the federal Defend Trade Secrets Act (“DTSA”) on April 27, 2016 with a vote of 410-2.  Strong, unified support for the DTSA by the House of Representatives closely followed its unanimous passage by the Senate in early April 2016.  The DTSA now will be presented to President Obama for his signature.

Posted in IP and Technology Litigation, Trade Secrets Litigation, Uncategorized | Tagged

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Defend Trade Secrets Act Progresses

The Defend Trade Secrets Act continues to move through Congress.  Yesterday, the House Judiciary Committee approved the bill without any amendments, sending the DTSA to the House floor for a vote.  If the DTSA passes the House, President Obama has indicated he will sign the bill into law.  We will continue to monitor the DTSA’s progress.

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Defend Trade Secrets Act Clears United States Senate Judiciary Committee

The Defend Trade Secrets Act (“DTSA”) has cleared the Senate Judiciary Committee with broad bipartisan support. Currently, state law governs civil claims for trade secret misappropriation, generally under a particular state’s version of the Uniform Trade Secrets Act (“UTSA”), the application of which has been called “anything but uniform.” As amended, the DTSA would not preempt state trade secrets law, but would provide for the first time a federal cause of action for trade secret misappropriation and a unified body of federal law.  Here are the most recently approved amendments: The DTSA adopts the UTSA definition of a trade secret,   Read More »

Posted in IP and Technology Litigation, Trade Secrets Litigation | Tagged

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