2009-06-22T00:00:00-07:00 http://www.fenwickwest.com/rss/Default.asp http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-22-09.pdf 2009-06-22T00:00:00-07:00 2009-06-22T00:00:00-07:00

The California Court of Appeal's recent opinion in FLIR Sys., Inc. v. Parrish, ___ Cal. App. 4th ___, 2009 Cal. App. LEXIS 943 (2d Dist. June 15, 2009) reinforces the need for careful deliberation in determining when and where to seek injunctive relief against trade secret misappropriation by former employees

http://www.fenwick.com/docstore/Publications/IP/Transfer_IP_Rights.pdf 2009-05-15T00:00:00-07:00 2009-05-15T00:00:00-07:00

We Americans take for granted the fact that intellectual property rights can be transferred from one person to another. A small "garage" inventor can sell patent rights to a manufacturing company. Two sparring competitors can settle their disputes by a cross-license of rights. Franchises can be built by licensing out trade secrets to local operators....

http://www.fenwick.com/docstore/Publications/IP/Top_Ten_Patent_Issues.pdf 2009-05-15T00:00:00-07:00 2009-05-15T00:00:00-07:00

Imminently, the Obama Administration will be naming a new Director of the U.S. Patent and Trademark Office ("PTO"). The PTO, which used to be a quiet backwater of a niche area of law, has recently found itself front and center in some high profile debates. From congressional efforts aimed at fixing a "broken" patent system to Supreme Court cases considering whether Internet Age innovations deserve the same patent protection as Industrial Age innovations, the work of the PTO is increasingly important to our society.....

http://www.fenwick.com/docstore/Publications/Litigation/Shrinking_Prospects_CFAA.pdf 2009-04-01T00:00:00-07:00 2009-04-01T00:00:00-07:00

The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, was enacted in 1984 as a criminal statute, but was subsequently amended in the 1990s to allow for private causes of action for damage to a "protected computer."

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_03-19-09.pdf 2009-03-19T00:00:00-07:00 2009-03-19T00:00:00-07:00

The California Court of Appeal for the Sixth Appellate District recently issued an important decision confirming the preemptive effect of California’s Uniform Trade Secrets Act ("CUTSA") on common law claims...

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2008.pdf 2008-10-17T00:00:00-07:00 2008-10-17T00:00:00-07:00

In Fisher Tool Co., v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations of patent infringement made by a patentee, its distributors, agents and/or attorneys to third parties...

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_08-08-08.pdf 2008-08-08T00:00:00-07:00 2008-08-08T00:00:00-07:00

The California Supreme Court has ruled in Edwards v. Arthur Andersen LLP, ___ Cal. 4th ___ , 2008 Cal. LEXIS 9618 (Cal. Aug. 7, 2008) (No. S147190), that non-competition agreements in California are invalid under California Business and Professions Code Section 16600 ("Section 16600")...

http://www.fenwick.com/docstore/Publications/Litigation/Top_5_Practices.pdf 2007-07-13T00:00:00-07:00 2007-07-13T00:00:00-07:00

Top Five Practices for Implementing an Effective Trade Secret Preservation Program.

http://www.fenwick.com/docstore/Publications/Litigation/trade_secrets_public.pdf 2006-07-27T00:00:00-07:00 2006-07-27T00:00:00-07:00

Are all trade secrets equally deserving of relevant discovery to enforce their protection? Not if the confidential business information is sufficiently "newsworthy," and thus infused with public interest, according to a recent decision by the Sixth District of the California Court of Appeal. O'Grady v. Superior Court, 139 Cal.App.4th 1423 (2006).

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-01-06.pdf 2006-06-01T00:00:00-07:00 2006-06-01T00:00:00-07:00

On May 26, 2006, the California Court of Appeals, Sixth District, issued a unanimous decision striking down subpoenas to Internet "news" sites seeking the source of leaked trade secret information.