Adventures in Drafting: Making Sure You Own the Rights You’re Trying to Enforce
The Risk of Using “Consisting Essentially of” in Patent Claims
The legal meaning of the transition language “consisting essentially of” is well-established in Federal Circuit case law and is generally construed to mean that the composition or formulation (a) necessarily includes the listed ingredients and (b) is open to unlisted ingredients that do not materially affect the basic and novel properties of the composition. Similarly, when “consisting essentially of” is used in a process claim, the claim requires that the listed steps are performed, but…
Please Join Us for Part 3 of our Webinar Series: Safeguarding Your Secrets in the Digital Age
Crowell & Moring invites you to attend the third installment of our “Safeguarding Your Secrets in the Digital Age” webinar series: How to Work with Third-Parties, Including Those Internationally, taking place on Tuesday, November 12th at 12:00 pm (EDT).
During this webinar, Crowell & Moring Counsel Raija Horstman and Associate Judith Bussé will highlight best practices for trade secret protection, especially for when companies are required to share them externally or when collaborating with third parties or across…
Seyfarth Trade Secrets Attorneys to Participate in The Sedona Conference Working Group 12 Annual Meeting in Charlotte
Seyfarth Trade Secrets Attorneys are participating in The Sedona Conference Working Group 12 Annual Meeting in Charlotte, North Carolina, November 4–5, 2019.
On November 4, Seyfarth Partner and Trade Secrets, Computer Fraud & Non-Competes Practice Group Co-Chair Robert Milligan is speaking on “The Employee Life Cycle Relating to Trade Secrets” panel, and Seyfarth Partner Erik Weibust is speaking on the “Monetary Remedies in Trade Secret Disputes” panel. Milligan and Weibust are the co-leads of their…
Court Rules on Post-Jury Trial Award of Costs
GC2 Inc. v. Int’l Game Tech., No. 16 C 8794, Slip Op. (N.D. Ill. Jul. 29, 2019) (Kennelly, J.).
Judge Kennelly ruled on plaintiff GC2’s motion for costs after its jury trial win on copyright infringement and Digital Millennium Copyright Act (DMCA) claims.
Of particular note, the Court held as follows:
Fees of the Clerk & Marshal
The Court award the $400 filing fee.
The Court also awarded $398 for service, billed at the Marhal’s…
PTAB Considers RPI/Privy Relationship of Federal Gov’t in Related Court of Federal Claims Dispute
Is It Time to Reconsider Your Non-Compete Policy? It Might Be If You Employ Low-Wage Workers
Over the course of the past several years, several states have banned or severely restricted the ability of businesses to bind low-wage workers to post-employment restrictive covenants. Since 2007, Oregon has banned non-compete agreements for all employees except those who are exempt (as defined by the state’s overtime payment statute) and whose annualized compensation at the time of termination exceeds the median income of a four-person family, as determined by the United States Census Bureau…
To-Do List for Companies Seeking Compliance with New Data Protection Regulations
Imitation Is Not Sincerest Form of Flattery for Legal Services Company
Legal services company CBX Law, LLC doing business as Latitude (“Latitude”) brought a lawsuit against alleged copycat company Lexikon Services, LLC in Tennessee state court. Latitude is seeking damages and injunctive relief based on allegations of trade secret misappropriation under the federal Defend Trade Secrets Act and Tennessee’s Uniform Trade Secrets Act, breach of contract, intentional interference, and unjust enrichment.
Latitude alleged that it identified Austin, Texas as a primary target for expanding its operations…
PTAB Invalidates Data Privacy Risk Assessment Patent
Many resources are being devoted to preventing data breaches and protecting privacy. In fact, patents have issued on various approaches. But are those approaches really patentable? In a recent challenge to OneTrust’s patent, which is related to data privacy risk, the Patent Trial and Appeal Board (“PTAB”) found the subject matter patent ineligible.
OneTrust’s patent, U.S. Patent No. 9,691,090 (“’090 Patent”), relates to privacy management software that calculates the risk to personal data that has…