Trade secret lawyers help businesses and individuals identify trade secrets and how to best protect them. In evaluating the intellectual property of a business, lawyers can perform a due diligence review to help identify and valuate the intangible assets of the business, including trade secrets.
Read MoreUnlike other forms of intellectual property, trade secrets are not registered. The USTA definition tells us that, in order for the right in a trade secret to exist, it must be:
• valuable because others don’t know about it;
• something others can’t get the information about without obtaining it from the owner; and
• kept a true secret by the owner taking active and reasonable measures to protect it from becoming publicly known.
Read MoreA trade secret is any formula, process, design, or compilation of information, which is not generally ascertainable, by which a company can obtain an economic advantage over competitors or customers.
Read MoreInter partes review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications. For more information regarding inter parties review proceedings, see our post: What are the basics of patent inter partes review proceedings?
Read MoreThe United States has the oldest existing patenting system in the world. Since its inception, the U.S. Patent and Trademark Office (USPTO) has enjoyed a steady increase in the number of patent applicants both from domestic and foreign inventors. To date, the USPTO has issued over 7,000,000 patents spanning a vast number of different technologies.
Read MoreThe process for obtaining a patent should include several steps to help ensure the idea is viable for patent protection and that the cost and time required to navigate through the patent process is worth the investment.
Read MorePatent lawyers can help inventors and invention owners with a wide scope of services—from the inception of an idea to the enforcement of those rights.
Read MoreFor an idea to be patentable, it must be new and useful, novel, and non-obvious. An invention is not patentable if it is already in use by the public, or if it consists of abstract ideas or things that already exist in nature.
Read MoreA patent is a form of intellectual property which gives an inventor the right to exclude others from making, using, offering for sale, selling, or importing an invention—for a limited time.
Read MoreU.S. patents and trademarks do not generally provide protection in other countries. Some U.S companies have found that foreign manufacturers copy their products, packaging, brochures, and logos. For this reason, those U.S. companies seek patent, copyright, and trademark protection in potential foreign markets in advance of exporting their products to those markets or launching a branding program.
Read MoreInternational lawyers help with identifying potential issues in international transactions, and with preparing proper agreements and safeguards for such transactions.
Read MoreInternational laws apply according to the specific situation and circumstance. Moreover, international laws and the proper application of a given law can be confusing and complicated.
Read MoreInternational law refers to the various rules, agreements, and treaties that govern the relations between nations. Different countries are parties to different international agreements between countries, and so the operative law varies.
Read MoreCopyright counterfeiting may often be overlooked as another form of copyright infringement. In many instances, the original good that was counterfeited will have a copyright and therefore the unauthorized act of copying a copyrighted work constitutes an act of infringement.
Read MoreSection 504 of the Copyright Act provides for the recovery of damages as follows:
Except as otherwise provided by this title, an infringer of copyright is liable for either—the copyright owner’s actual damages and any additional profits of the infringer, as provided by subsection (b); or statutory damages, as provided by subsection (c). 17 U.S.C. § 504 (a).
Read MoreDamages for trademark counterfeiting include the same damages as trademark infringement plus an additional potential statutory damage
Read MoreIn general, damages for trademark infringement include actual damages, the infringer's profits, and potentially attorney's fees and treble damages. For more information about trademark infringement damages, see our blog post, What are trademark infringement damages under the Lanham Act?
Read MoreThe Southern District of Texas has developed its own set of rules governing patent cases. You can find the rules and additional information about them by visiting our Texas Local Counsel page and our Southern District of Texas Local Patent Rules page.
Read MoreUnlike other districts, the Western District of Texas has not developed its own set of rules governing patent cases. However, you can find the orders governing patent cases issued by Judge Albright by visiting our Texas Local Counsel page and our Western District of Texas Local Patent Rules page.
Read MoreThe Eastern District of Texas has developed its own set of rules governing patent cases. You can find the rules and additional information about them as well as a diagram of the rules by visiting our Texas Local Counsel page and our Eastern District of Texas Local Patent Rules page.
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