Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
about
Category: Trade Secrets
-
By Manav Das — The U.S. Open tennis championships are currently underway in New York, with the main draw starting on a Sunday for the first time. In the singles competition, top players like Emma Raducanu, Novak Djokovic, and Aryna Sabalenka are headlining the early rounds. Amidst the on-court action, intellectual property (IP) remains a…
-
By Andrew Velzen — On January 19, 2024, Palworld launched into early access on Xbox and Windows. To say it was an overnight success is an understatement. By only a month in, Palworld had been played by over 25 million players.[1] To put this in perspective, monumental success stories like The Legend of Zelda: Tears…
-
By Joshua Rich — The Federal Trade Commission, voting 3-2 along party lines, adopted a Final Rule banning non-compete agreements. The Final Rule allows some narrow exceptions (based both on time and circumstances) but prospectively prohibits employment-related non-competes to the full extent of the FTC's jurisdiction when it takes effect in 120 days. As the…
-
By Joshua Rich — Aside from the actual games on the field, the college football press has been fixated on one story over the past several weeks: the Michigan "sign stealing" controversy. Michigan head coach (and former Chicago Bears quarterback) Jim Harbaugh has been suspended from appearing at the field for the last three games…
-
By Joshua Rich — Although patentees generally do not have great concerns about the Freedom of Information Act (FOIA) because of the U.S. Patent and Trademark Office's secrecy requirements, they may lose control over their information under FOIA if they submit it to other parts of the government. Prior to the Food Marketing Institute case,…
-
By Joshua Rich — Parties often push experts to testify outside their area of expertise and leave it up to the expert to push back when uncomfortable. If the expert fails to do so, a party's aggressiveness may come back to haunt it before the Court. That is why the Scentsational case, although nonprecedential, serves…
-
By Josh Rich — As the saying goes, hard cases make bad law. And it certainly looked improper when Sergey Aleynikov downloaded high-frequency trading ("HFT") source code as he was leaving his job as a Goldman Sachs programmer, at least to the juries who convicted him of Federal and New York state crimes. But while…
-
By Josh Rich — Sergey Aleynikov was tried and convicted on criminal charges by both a Federal and a New York state jury; both times, his conviction was reversed. But his luck on appeal may have run out. The Appellate Division, First Department, of the New York Supreme Court (the intermediate state appellate court for…
-
By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
-
By Josh Rich — This afternoon, President Obama signed the Defend Trade Secrets Act of 2016 ("DTSA") into law, creating a new Federal cause of action for misappropriation of trade secrets. The new law is the most significant expansion of Federal intellectual property law in a generation, and brings with it significant benefits — but…
Patent Docs 