shutterstock_222930670For the latest on the copyright preemption doctrine (codified at 17 U.S.C. § 301(a)) look no further than the Fifth Circuit, which, together with its district courts, issued a string of recent decisions regarding the preemption of trade secret claims involving software.  Most recently, the Fifth Circuit found that preemption extends to all fixed original works of authorship, even those
Continue Reading Recent Developments on Copyright Preemption of Trade Secret Claims in the Fifth Circuit

In TNS Media Research, LLC v. TiVo Research & Analytics, Inc., 2014 U.S. Dist. LEXIS 155914 (S.D.N.Y. Nov. 4, 2014), the Southern District of New York applied the Supreme Court’s recent Octane Fitness decision in awarding attorney fees to patent defendant Kantar.  Octane Fitness v. ICON Health & Fitness 134 S. Ct. 1749 (2014); http://www.seyfarth.com/publications/OMM050114-IP

The district court
Continue Reading Has the Patent Fee Shifting Analysis of Octane Fitness Influenced Fee Shifting in Trade Secret Cases?

Bringing to light the fact that US and Chinese forums can reach opposite conclusions on the same trade secret misappropriation allegations, China-based rubber and tire resin manufacturer Sino Legend urged the U.S. International Trade Commission (ITC) to consider a parallel Chinese court proceeding seeking to convince the Commission to overturn an unfavorable initial determination by the Administrative Law Judge (“ALJ”).
Continue Reading Sino Legend Urges U.S. International Trade Commission (ITC) to Consider Parallel Chinese Court Proceeding in Ongoing Trade Secret Litigation Brought by SI Group