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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Tag Archives: patent

How a Trade Secret Could Have Saved a Running Royalty From a Nearly Invincible Law

Posted in Practice & Procedure, Trade Secrets

In Kimble v. Marvel Entertainment, LLC, just handed down June 22, 2015, the Supreme Court reaffirmed the 50 year old holding  of  Brulotte v. Thys Co., 379 U. S. 29 (1964), that patent royalties cannot extend beyond the expiration of the patent. So why is this case being discussed in a blog directed to trade secrets? Because the Court also … Continue Reading

Don’t Come to a Trade Secret Fight with a Patent Law Defense

Posted in Trade Secrets

In what is at heart a trade secret misappropriation case, some Patent Law periodically materializes, like the smile of the Cheshire Cat.

This concept was evidenced by a recent case out of Texas.  Bianco, M.D. v. Globus Medical, Inc., 2:12 CV 147 (E.D. TX 10/27/14).

Dr. Bianco had an idea for a continuously adjustable spinal implant, which would fit between … Continue Reading

In Setting Genes Free, Supreme Court Decision Will Put Greater Emphasis on Trade Secret Protection in Biotech

Posted in Trade Secrets

In a decision awaited with considerable trepidation by the biotech world, among others, the Supreme Court Thursday (June 13) handed down its unanimous decision (9-0) in Association for Molecular Pathology v. Myriad Genetics, Inc. The Court held “that genes and the information they encode are not patent eligible… simply because they have been isolated from the surrounding genetic material.”

Myriad … Continue Reading