United States: Even Bambi Is A Trade Secret: Eastern District Of Texas Finds That Lineage And Genetic Information Of Deer Are Trade Secrets, Grants Preliminary Injunction; Mondaq, August 22, 2017

Michael D. Weil and Tierra Piens, Mondaq; United States: Even Bambi Is A Trade Secret: Eastern District Of Texas Finds That Lineage And Genetic Information Of Deer Are Trade Secrets, Grants Preliminary Injunction

"Earlier this year, the North American Deer Registry (NADR) filed a complaint in the Eastern District of Texas alleging trade secrets misappropriation under the Defend Trade Secrets Act (DTSA) and the Oklahoma Uniform Trade Secrets Act. Specifically, NADR alleged that its vendor, DNA Solutions (DNAS), retained NADR's trade secret information, the contents of the database, after the conclusion of their contractual relationship.

NADR hired DNAS to process the genetic information of various deer, perform genetic matching services, and host a database that eventually contained information on 230,000 deer. The contractual agreement contained a "Return of Information" provision that required DNAS to return "all NADR and NADR member Information, Biological Materials, Genetic Information and Genotype Data" at the conclusion of their contractual relationship. The contract expired on January 1, 2017. Per the contract, DNAS returned the information regarding the deer in NADR's registry, but DNAS admittedly retained a duplicate of the information."

United States: The Defend Trade Secrets Act: A Q&A With Neil Mckittrick; Mondaq, August 7, 2017

James McGrew, Mondaq; United States: The Defend Trade Secrets Act: A Q&A With Neil Mckittrick

"JM: What are some policies or best practices that employers can put in place to protect their trade secrets?

NM: An employer's primary goal should be to ensure that trade secrets remain "secret." For example, employees who have access to trade secrets should sign confidentiality agreements. Employers should also consider taking other reasonable steps to maintain the confidential nature of their trade secrets, such as limiting access to trade secrets to those employees who have a legitimate business reason to use that information, reminding departing employees of their confidentiality obligations, storing trade secrets only in password-protected locations and on password-protected devices, and implementing a strong password policy."

ABA Webinar: Fundamentals of Today's Trade Secret Litigation: The DTSA, Section 337 at the ITC, and More, Tuesday, July 18, 2017 1 PM - 2:30 PM ET

IP practitioners and a former Administrative Law Judge from the U.S. International Trade Commission (ITC) will explore various topics related to the recently enacted Defend Trade Secrets Act (DTSA). Trouble Viewing? View online.       AMBAR.ORG     |      CAREER CENTER     |      MEMBERSHIP     |      CALENDAR     |      CLE     |   PUBLISHING         Fundamentals of Today's Trade Secret Litigation: The DTSA, Section 337 at the ITC, and More   Webinar | July 18, 2017 1:00 PM — 2:30 PM ET 1.50 General CLE Credits     LEARN MORE         Why Attend? Our esteemed panel of IP practitioners and a former Administrative Law Judge from the U.S. International Trade Commission (ITC) will:   Evaluate the various forums in the U.S. for bringing action for the theft and misappropriation of trade secrets, focusing on DTSA and Section 337 at the ITC Address the ITC's increasing importance as a federal forum to address theft and misappropriation of trade secrets Compare and contrast procedures and remedies available, across all forums, for trade secret theft and misappropriation Sponsor(s): Section of Intellectual Property Law; Section of International Law; Young Lawyers Division; Section of Administrative Law and Regulatory Practice Panelist(s): Kalpana Srinivasan (Partner, Susman Godfrey); Mark Halligan (Partner, FisherBroyles, LLP); Matthew Bathon (Of Counsel, Steptoe & Johnson); Pallavi Seth (Principal, The Brattle Group); and Ellen Robbins (Partner, Sidley Austin) (Moderator)   REGISTER NOW >>

3 Steps to Protect Trade Secrets Under the DTSA; Inside Counsel, March 21, 2017

Autumn Gentry, Inside Counsel; 

3 Steps to Protect Trade Secrets Under the DTSA

"In order to be protected by the DTSA, businesses or individuals must demonstrate that they have taken steps to keep their trade secrets private.

Here are three essential steps companies must take to ensure trade secret protection under the DTSA."

Trade Secret Misappropriation Rights: Defend Trade Secrets Act; National Law Review, 2/9/17

Craig S. Hilliard, National Law Review; 

Trade Secret Misappropriation Rights: Defend Trade Secrets Act

"In the recent past, a company would weigh the benefit of 1) filing a public patent with 20 year exclusivity and strong infringement remedies; or 2) choosing to keep the IP “secret” despite limitations on court actions and remedies. A balancing advantage for “trade secret” over patent is the indefinite period of protection. If the business keeps it well-hidden, it has a sort of quasi-monopoly over the “product.”

Unlike with patents, however, trade secret misappropriation rights have historically been limited. For example, if a suspected bad actor reverse-engineered a product protected by patent, it would be ruled an infringement with harsh penalties. For a trade secret however, accidental discovery or reverse-engineering are not protected rights. Both are valid defenses to a misappropriation claim...

Dealing with issues involving patents or trade secrets can be very complex. It is suggested that you consult with experienced legal council to assist with the process."

Pass the Defend Trade Secrets Act; The Hill, 1/27/16

Sens. Orrin Hatch (R-Utah) and Chris Coons (D-Del.), The Hill; Pass the Defend Trade Secrets Act:

"Every year, industrial spies infiltrate American companies, stealing valuable trade secrets and leaking them to domestic competitors and corporations overseas. This crime cripples innovation and hampers economic growth, costing U.S. businesses billions of dollars each year. What’s worse, federal law does little to protect against this form of intellectual property theft. In fact, trade secrets are the only form of intellectual property lacking remedies under federal civil law. To safeguard American ingenuity and give companies the protections they deserve, Congress should act now to pass the Defend Trade Secrets Act, which we authored earlier this year.

In addition to the billions of dollars in direct economic costs, trade secret theft also stifles innovation by deterring companies from investing in research and development. Consider the case of DuPont—the chemical company that invented the life-saving Kevlar body armor used by our service members. DuPont invested significant time and resources developing a Kevlar material strong enough to withstand the penetrating trauma of rifle rounds and grenade shrapnel. Because of the company’s efforts, DuPont has saved thousands of lives.

But six years ago, a rogue employee leaked the manufacturing process of Kevlar to a rival company in South Korea, costing DuPont nearly $1 billion in economic losses. In an instant, the company’s comparative advantage—which it had earned after investing thousands of man-hours and millions of dollars—disappeared. Lacking a federal private right of action, DuPont executives were fortunate that the FBI was able to conduct a successful criminal investigation under the Economic Espionage Act. But the FBI lacks the resources to investigate the tens of thousand or more thefts that take place each year. Last year, in fact, the Department of Justice brought only 15 criminal cases for trade secret theft. The absence of a federal private right of action for trade secret misappropriation leaves American intellectual property vulnerable to theft and discourages research and innovation."