One of the uniquely fascinating aspects of trade secret disputes is that they are laced with unbridled emotions, accusations of treachery, and actors who angrily disagree over basic facts. In other words, they provide a perfect metaphor for the year 2020. Let’s take a look back at the cases this year that are worthy of comment, either because they involved some unusual set of facts or because they provide useful guidance for behaving better in 2021.
Litigation
- How French and California Contract Law Would Interpret SEP Patent Owner Obligations Under the ETSI Licensing Declaration
- NYIPLA Tells Supremes IP Lawyers Need Attorney-Client Privilege for Dual-Purpose Communications
- A Guide to Disclosures in Delaware Patent Litigation in the Face of Pending Federal Circuit Review
- CAFC Expressly States Patentee Disclaimers During IPR are Not Binding on the PTAB’s Patentability Analysis
- Disruptive Startups Cannot Survive in a Post-AIA Patent Landscape
Recent Posts
- Other Barks & Bites for Friday, December 2: Court of Federal Claims Rules CDC Patents Breached Gilead Agreements; Eleventh Circuit Affirms Trademark Win for Viacom; and Delaware Litigation Funding Case Heats Up at CAFC
- Former Commerce, USPTO Heads Push for U.S. to Lead Opposition to Extending WTO’s COVID IP Waiver
- Patent Experts Urge Kanter to Reject Calls to Scrap Avanci Business Review Letter
- Answering the Question, ‘What is the Conservative View of Patent Rights?’
- USPTO, Copyright Office Joint Study on NFTs Could Help Dispel Confusion About IP Ownership in Media Content Underlying Digital Assets