Senate and House of Representatives Pass the Defend Trade Secrets Act
By Charles Post
Senate and House of Representatives Pass the Defend Trade Secrets Act (DTSA). First federal trade secret bill awaiting presidential signature.
More details can be found at the following Forbes article: “The New Defend Trade Secrets Act is the Biggest IP Development in Years,” dated April 28, 2016.
Two Things You Can Do To Reduce the Likelihood That Your Company Will Be Found Liable For Conspiring Or Aiding And Abetting In An Employee’s Breach of Duty To A Former Employer
By Charles Post
When companies sue their former employees for theft they often claim that the former employee’s new employer has conspired with the former employee to misappropriate trade secrets, or that that new employer has aided and abetted the former employee’s breach of duty he/she owed to his/her former employer.
Like Woodward and Bernstein, liability “follows the money.” Current employers are often added to trade secret and breach of duty lawsuits because they have deeper pockets than former employees.
FEDERAL CIRCUIT APPLIES BROADENED TEST FOR DIVIDED INFRINGEMENT
By Audrey Millemann
On April 18, 2016, the Supreme Court denied certiorari in Akamai Technologies, Inc. v. Limelight Networks, Inc., 797 F.3d 1020 (Fed. Cir., August 2015) (“Akamai IV”), cert. denied, 2016 U.S. LEXIS 2768. The Court declined Limelight’s petition for review of a $46 million jury verdict against Limelight for patent infringement. The jury had found Limelight liable for direct infringement of Akamai’s method patent,