Welcome to Fish’s IP Law Essentials,
presented by the Blog Brigade.
Fish & Richardson’s IP Law Essentials is a comprehensive survey of IP law brought to you by the experts at the world’s leading IP firm. Whether you are new to IP or you are a seasoned practitioner in need of a refresher, Fish’s IP Law Essentials is your go-to resource. Over the coming weeks and months, the attorneys of the Fish Blog Brigade will share some of the substantive and practical knowledge they have developed over their many years of experience. The topics we cover will span the full range of IP law, including patent, trademark, copyright, post-grant, ITC, and trade secret.
DTSA’s Ex Parte Seizures of Property: A Drastic Trade Secret Remedy The DTSA allows trade secret plaintiffs to request an ex parte seizure of the defendant’s property to prevent trade secret dissemination. Any physical item containing the alleged trade secrets may be seized, including laptops, phones, hard drives, and documents. This blog explores what is required to obtain an ex parte seizure, and the types of limits courts have placed on ex parte seizures. By Esha Bandyopadhyay and Meaghan Luster.
Criminal Theft of Trade Secrets
Unlike patents, which can only be enforced by private parties in civil court, trade secret misappropriation can lead to criminal liability. This blog discusses the basic concepts surrounding the criminal theft of trade secrets. By Bobby Hampton and Tommy Jacks.
ITC Litigation: Introduction to Trade Secret Protection at the ITC
While trade secret claims are on the rise, in 2020, ITC investigations based solely on trade secret claims accounted for less than 5% of active cases. This represents a missed opportunity—and potentially a market inefficiency—for companies looking to enforce trade secrets that have been misappropriated abroad. By Elizabeth Connors, Esha Bandyopadhyay, and Monty Fusco.
Blockchain and Cryptocurrency: What is Blockchain Technology?
Blockchain and cryptocurrency technologies are rapidly expanding throughout the world – and with that rapid expansion has come a growing interest in IP protection for blockchain and cryptocurrency inventions. By Tracea Rice, Frank Gerratana, Kenneth Hoover.
Stipulated Protective Orders During Patent Litigation
Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. To safeguard this sensitive information, courts issue protective orders limiting who can access it, under what conditions, and for what purpose. By Rodeen Talebi, Katie Prescott.
An Overview of Utility Patents in the United States
A utility patent is a patent that covers “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” It is the most prevalent type of patent in the United States. We answer common questions about utility patents, including how to get a utility patent and the term of a utility patent. By Lance Wyatt, Esha Bandyopadhyay.
Antitrust Issues with “No-Poaching” Agreements
A no-poaching agreement is a contract not to recruit another company’s employees. Although companies might be wary of employees departing with trade secrets, they should be aware that no-poaching agreements are antitrust violations. This article presents alternative solutions to no-poaching agreements. By DJ Healey, Christian Chu, Sushil Iyer, Kevin Gray.
Watch Where You Launch: Existing Space Laws Complicate Earthly IP Rights
International treaties regarding space have not been revisited since the 1980s, and none speak to intellectual property. With the rise of commercial space travel, questions about IP in space are inevitable. We propose guidelines for resolving the uncertainty in this space. By Eda Stark, Christopher Green.
Introduction to Patent Regulations
Properly assessing whether a patent should issue and whether a patent should continue to exist, is crucial when maintaining the balance between inventors and the public. In this piece, we take a closer look at the governing bodies in the United States responsible for deciding whether a patent should issue and whether a patent should continue to be valid. By Philip Chen and Esha Bandyopadhyay.
What to Consider When Selecting an Expert Witness Before choosing an expert, it is important to consider expertise, testifying experience, conflict of interest, prior exclusion orders, and other important factors. This post provides a checklist for selecting an expert. By Taylor Caldwell and Joanna Fuller.
Experts in Patent Cases: Who They Are and Why to Hire Them Experts in patent cases help investigate the facts, develop a case strategy, and explain complex technical and economic issues to a judge and jury. In this post, we describe the types of experts that may appear in a patent case. By Taylor Caldwell and Joanna Fuller.