By Paul Freehling and Joshua Salinas

A recent Missouri federal court opinion describes an almost unbelievable scenario. Employees signed well-drafted employment agreements — containing such provisions as non-competition, confidentiality, promise of loyalty, and commitment to return employer’s property within 24 hours of termination of employment — and then incorporated and operated a competitor company while still employed. Moreover, they transferred
Continue Reading Missouri Federal Court Finds Violations of Employment Agreement May Constitute Unlawful Access Under the Computer Fraud and Abuse Act

By Robert Milligan and Joshua Salinas

After more than eight years of litigation and two jury trials over the Bratz doll line, rival toy makers Mattel, Inc. and MGA Entertainment, Inc. may be headed for a rubber match – a third jury trial. Yesterday, a Ninth Circuit panel consisting of Chief Judge Alex Kozinski, Judge Kim Wardlaw, and Judge Stephen
Continue Reading Ninth Circuit Overturns $172 Million Trade Secrets Award in Rival Toy Makers’ Epic Dispute

As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog entry about the impact of software on IP strategy by technology lawyer and IP strategist Joren De Wachter. Joren serves as a Vice Chair with me on the ITechLaw Intellectual Property Law 

-Robert Milligan, Editor of Trading SecretsCommittee and
Continue Reading 3D Printing and Intellectual Property

With today’s college football National Championship game between Alabama and Notre Dame, a recent trade secret decision regarding the interplay between trade secrets and NFL scouting grades caught our eye.

National Football Scouting authors several hundred six-page biographical reports annually on outstanding college football players. The reports are sold for $75,000 each to 21 NFL teams to use during the
Continue Reading Rankings Of NFL Prospects May Constitute Trade Secrets

Burroughs Payment Services manufactures document scanning equipment for banks and others. Embedded in the equipment are copyrighted computer programs, accessible only by entering a password, which provide the user with software to diagnose problems with the equipment. While servicing the equipment of a Burroughs customer, Symco Group allegedly accessed and used Burroughs’ software without that company’s authorization. 

Burroughs promptly sued Symco in

Continue Reading Federal Judge In California Holds That Unauthorized Use Of Copyrighted Password-Protected Computer Diagnostic Software Can Be The Basis Of A Copyright Infringement Suit and Trade Secret Misappropriation Claim

By Robert Milliganand Jeffrey Oh

As highlighted in our recent webinar, The New Risk: Employee Theft Of Trade Secrets And Confidential Information In The Name Of Protected Whistleblowing, companies continue to struggle with anonymous whistleblowers in the Internet and social media age, including anonymous individuals who post trade secrets and other intellectual property on the Internet. Courts are often

Continue Reading Illinois Federal Court Limits Discovery of IP Address Identification Information from ISPs in John Doe Actions: Highlights Continuing Challenge of Identifying Anonymous Posters Of Trade Secrets and Other Intellectual Property On Internet