Seyfarth attorneys published in IP LitigatorSeyfarth partner Jesse Coleman and associate Kevin Green authored an IP Litigator article focused on a recent DTSA/TUTSA lawsuit which involved the public disclosure of alleged trade secret in an expired patent. Read the full article from the March / April 2022 edition of IP Litigator here.
Continue Reading Seyfarth Attorneys Author Article on Texas Trade Secret Lawsuit

After a four day bench trial on August 10, 2021, a Houston federal judge ruled that the conceptual designs an oil and gas manufacturing company disclosed to its erstwhile collaborator under an NDA were not eligible for trade secret protection because they were neither secret nor misappropriated due predominantly to disclosure in a prior public patent. The ruling underscores the necessity that trade secrets are—in fact—kept actually secret. Moreover, any prior patent of the party seeking to protect its trade secrets should be scrutinized for similarity with the technology or information allegedly comprising a trade secret.
Continue Reading Texas Oil & Gas Manufacturing Company’s DTSA/TUTSA Lawsuit Unraveled by Public Disclosure of Alleged Trade Secret in its Own Expired Patent

As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Neil Eisgruber, Director in the Disputes, Compliance & Investigations group at Stout.

For decades, companies have turned to federal courts to protect valuable business assets, such as trade secrets. Legal action has expanded over the years and recent trends have set the foundation for a continuing surge in federal trade secret litigation.
Continue Reading Trade Secret Litigation: Activity on the Rise

#17-3939 BioLoquitur Blog Image for Header R2Seyfarth’s Intellectual Property Practice Group is delighted to announce the launch of BioLoquitur on LexBlog. Seyfarth’s IP-life sciences attorneys created this blog as a single resource for executives and corporate in-house counsel seeking timely updates on recent developments, trends, tools, best practices, and discussions in the area of intellectual property—patent law, particularly in the life sciences industry.

The BioLoquitur
Continue Reading Introducing Seyfarth’s BioLoquitur Blog

shutterstock_284998106In 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
Continue Reading How a Trade Secret Could Have Saved a Running Royalty From a Nearly Invincible Law

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

You arrive home from another long day at the office, have some dinner, start to catch up on the day’s news on the couch, and slowly doze off…

…you are back in the office, and one of your employees comes to you with an idea that will make your company boatloads of money. You call your attorney and tell him
Continue Reading Patent and Trade Secret Protection: Turning Nightmares into Sweet Dreams

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