Federal Circuit Clarifies Venue Waiver After TC Heartland

By Peter R. Montecuollo and David G. Barker The Federal Circuit issued guidance yesterday for district courts deciding venue challenges after the Supreme Court’s May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC.  In In re Micron Technology, Inc., the Federal Circuit granted Micron Technology, Inc.’s petition for a writ of mandamus, holding that TC Heartland “changed the controlling law” by making available a venue defense that was not “available” to patent infringement defendants prior to the Supreme Court’s decision. In the wake of TC Heartland, Micron Technology moved to dismiss or transfer President and Fellows   Read More »

Posted in IP and Technology Litigation, Patent Litigation, Uncategorized | Tagged , ,

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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.

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

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Update: The DTSA Receives Strong Support from Congress and the White House

The federal Defend Trade Secrets Act (“DTSA”) received strong support from both the White House and the Senate on April 4, 2016.  The White House issued a Statement of Administration Policy stressing the importance of trade secret protection to promote innovation and minimize “threats to American businesses, the U.S. economy, and national security interests.”  Additionally, the Senate passed the DTSA with a unanimous vote.  Senator Orrin Hatch of Utah, one of the authors of the DTSA, emphasized that trade secrets are an “essential form of intellectual property” and trade secret theft stifles innovation.  Therefore, “U.S. companies must be able to   Read More »

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Arizona Supreme Court Limits Preemptive Sweep of Arizona’s Trade Secrets Act

The Arizona Supreme Court decided yesterday in Orca Communications Unlimited v. Noder that Arizona’s version of the Uniform Trade Secrets Act, A.R.S. § 44-401 et seq., does not preempt common law tort claims for misappropriation of confidential information that does not rise to the level of a statutory “trade secret.” The majority of jurisdictions deciding the preemption issue have held that the uniform act preempts such claims.  See, e.g., Mortgage Specialists, Inc. v. Davey, 904 A.2d 652, 664 (N.H. 2006) (interpreting New Hampshire Uniform Trade Secrets Act). But the Arizona Supreme Court observed that the Legislature had not adopted the uniform act’s uniformity   Read More »

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