Trade secret law: A brief guide for in-house counsel; Inside Counsel, 8/18/16

Ben Berkowitz, Briggs Matheson, Inside Counsel; Trade secret law: A brief guide for in-house counsel:

"What information does trade secret law protect?

Forty-seven states have adopted some form of the Uniform Trade Secrets Act (“UTSA”), with New York, Massachusetts, and North Carolina as the only exceptions. Under the UTSA, there is a two-prong test for determining whether information may be subject to trade secret protection. First, trade secret information must be information that “derive[s] independent economic value” from not being publicly known (See, e.g., Cal. Civ. Code § 3426.1(d)). That is, the information is valuable because it is a secret that others, including competitors, do not possess. Second, the information must be “the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” (Id.) “The determination of whether ‘reasonable efforts’ have been taken is quintessentially fact-specific,” and “‘depends on a balancing of costs and benefits that will vary from case to case.’” (Rockwell Graphic Systems, Inc. v. DEV Industries, Inc.) “Reasonable efforts” may include adopting confidentiality policies, entering into non-disclosure agreements, and establishing digital and physical security infrastructure. (Religious Tech. Ctr. Netcom On-Line Commc’n Servs.)"

Trade Secret Protection Blocks Sick Samsung Workers From Data; Claims Journal, 8/12/16

Youkyung Lee, Claims Journal; Trade Secret Protection Blocks Sick Samsung Workers From Data:

"An Associated Press investigation has found South Korean authorities have, at Samsung’s request, repeatedly withheld from workers and their bereaved families crucial information about chemicals they were exposed to at its computer chip and liquid crystal display factories. Sick workers are supposed to have access to such data through the government or the courts so they can apply for workers’ compensation from the state. Without it, government officials commonly reject their cases.

The justification for withholding the information? In at least six cases involving 10 workers, it was trade secrets. Court documents and interviews with government officials, workers’ lawyers and their families show Samsung often cites the need to protect trade secrets when it asks government officials not to release such data.

“Our fight is often against trade secrets. Any contents that may not work in Samsung’s favor were deleted as trade secrets,” said Lim Ja-woon, a lawyer who has represented 15 sick Samsung workers."

'Moonshot' cancer panel calls for US to create national research database; Guardian, 9/7/16

Amanda Holpuch, Guardian; 'Moonshot' cancer panel calls for US to create national research database:

"The Cancer Moonshot Blue Ribbon Panel report said the recommendations, if implemented, “will transform our understanding of cancer and result in new opportunities to more effectively prevent and treat the disease”.

The 10 recommendations include existing programs that need more funding – such as research to update guidelines for patient symptom control – and brand new initiatives including a human tumor database to monitor and analyze multi-dimensional cell behavior...

But the funding necessary to fulfill these recommendations has not been approved by Congress despite lobbying by the Obama administration, which said it hoped to spend $1bn on the program."

Tell Your University: Don't Sell Patents to Trolls; Electronic Frontier Foundation (EFF), 8/17/16

Elliot Harmon, Electronic Frontier Foundation (EFF); Tell Your University: Don't Sell Patents to Trolls:

"When universities invent, those inventions should benefit everyone. Unfortunately, they sometimes end up in the hands of patent trolls—companies that serve no purpose but to amass patents and demand money from others. When a university sells patents to trolls, it undermines the university’s purpose as a driver of innovation. Those patents become landmines that make innovation more difficult.

A few weeks ago, we wrote about the problem of universities selling or licensing patents to trolls. We said that the only way that universities will change their patenting and technology transfer policies is if students, professors, and other members of the university community start demanding it.

It’s time to start making those demands.

We’re launching Reclaim Invention, a new initiative to urge universities to rethink how they use patents. If you think that universities should keep their inventions away from the hands of patent trolls, then use our form to tell them.

EFF is proud to partner with Creative Commons, Engine, Fight for the Future, Knowledge Ecology International, and Public Knowledge on this initiative.

A Simple Promise to Defend Innovation

Central to our initiative is the Public Interest Patent Pledge (PIPP), a pledge we hope to see university leadership sign. The pledge says that before a university sells or licenses a patent, it will first check to make sure that the potential buyer or licensee doesn’t match the profile of a patent troll"

No, the Internet Has Not Killed the Printed Book. Most People Still Prefer Them.; New York Times, 9/2/16

Daniel Victor, New York Times; No, the Internet Has Not Killed the Printed Book. Most People Still Prefer Them. :

"Even with Facebook, Netflix and other digital distractions increasingly vying for time, Americans’ appetite for reading books — the ones you actually hold in your hands — has not slowed in recent years, according to a study by the Pew Research Center...

Lee Rainie, the director of internet, science and technology research for Pew Research, said the study demonstrated the staying power of physical books.

“I think if you looked back a decade ago, certainly five or six years ago when ebooks were taking off, there were folks who thought the days of the printed book were numbered, and it’s just not so in our data,” he said."

IP Offices Focus On Educating Younger Population About IP Protection; Intellectual Property Watch, 9/6/16

Catherine Saez and Alexandra Nightingale, Intellectual Property Watch; IP Offices Focus On Educating Younger Population About IP Protection:

"Intellectual property rights awareness campaigns are increasingly targeting the younger population, as early as primary school, according to several country presentations at the World Intellectual Property Organization enforcement committee this week. WIPO is also developing an Education Took Kit for teachers of children aged 5 to 18. However for some countries, this education should encompass a broader view on IP than only enforcing rights."

You've Gotta Love This Stranger Things / X-Men Mash-Up; Gizmodo, 8/29/16

Germain Lussier, Gizmodo; You've Gotta Love This Stranger Things / X-Men Mash-Up:

"With all the 1980s influences used in Stranger Things, there’s little doubt that the Duffer brothers thought of Eleven as a bit of a mutant. In another universe, maybe she was a member of the X-Men—which is why this mash-up by artist Lance Schibi is so fun.

It takes the cover of X-Men #134, the first appearance of Jean Grey at Dark Phoenix, and flips it to the upside down world of Stranger Things."

Behind the EpiPen controversy are questions about patents granted to drugmaker; St. Louis Post-Dispatch, 9/4/16

Samantha Liss, St. Louis Post-Dispatch; Behind the EpiPen controversy are questions about patents granted to drugmaker:

"Drugmaker Mylan NV has received the brunt of criticism for alleged price-gouging on the lifesaving EpiPen, but other factors — and players — contributed to the monopoly it enjoys today, say experts familiar with the drug industry.

First approved in 1987, the EpiPen is protected from competition until 2025 by four patents. Three of those patents were awarded within the last six years."

Seattle salon shares trademark warning for small businesses; King5.com, 9/1/16

[Video] Heather Graf, King5.com; Seattle salon shares trademark warning for small businesses:

""The fact that they're spelled differently in this case really doesn't offer much protection," said attorney Robert Cumbow of Miller Nash Graham & Dunn. "How much do they look alike? How much do they sound alike? How close are they in meaning? And in this case, they look a lot alike. There's one extra extra letter in them. And they sound identical."

Cumbow said he knows it's a costly and frustrating experience for small business owners. His advice is for those business owners to do extensive research before choosing the name of their company.

"You've got to do your homework," he said. "So the very first thing for someone who is choosing a name for their business, product, or services is to get a search done, and make sure you aren't accidentally picking a name or product name that somebody else is already using.""

Pro athletes and the things they trademark; CNN Money, 8/19/16

Ahiza Garcia, CNN Money; Pro athletes and the things they trademark:

"Olympians know what they're worth.

That's why they trademark their names, catchphrases and logos -- things they think might turn into money-making ventures down the line. Sprinter Usain Bolt, for instance, trademarked an icon of the "lightening bolt" stance he's so well known for.

And it's not just Olympians -- plenty of pro-athletes seek trademarks to make money outside of their playing careers...

Bolt can't trademark the actual physical pose -- only symbols, words, phrases and designs can be trademarked, according to Professor J. Gordon Hylton of the University of Virginia School of Law.

Also, applicants must show that their trademark will be used on commercial goods, and it can't go unused for more than three years."

Europe’s copyright cop-out; Politico, 9/1/16

Chris Spillane and Axex Spence, Politico; Europe’s copyright cop-out:

"Fifteen years of bitter battles between old media and disruptive digital upstarts over copyright have led the European Commission’s long-awaited reforms of the system down a blind alley.

Instead of a coherent vision that produces winners and losers, the draft proposals on the so-called copyright directive fudge crucial questions about how artists can earn money in the digital age, and whether generations of internet users can avoid committing a crime for unwittingly accessing protected intellectual property...

Streamlining and modernizing a patchwork of copyright laws is a cornerstone of the Commission’s digital single market strategy, which aims to pump €415 billion into Europe’s economy annually by breaking digital barriers across the EU. A final version of the proposal is due to be proposed by the Commission on September 21, and then goes to the European Parliament and EU states for approval, which will likely be highly contentious."

Yes, the News Can Survive the Newspaper; New York Times, 9/4/16

Jim Rutenberg, New York Times; Yes, the News Can Survive the Newspaper:

"In this case, as the ad dollars that have long financed journalism vaporize into the electronic ether, you don’t know with any certainty that the best services that newspapers have provided — holding public officials to account, rooting out corruption — will live on.

If anything, today’s “efficiencies” may even set readers back by pumping out lowest-common-denominator nonsense or, at worst, disinformation.

Just look at what happened last week after that Goliath of the digital transformation, Facebook, pared back the team of “curators” and copy editors who oversaw the selection process for its “Trending Topics” feed. Instead, it gave more control over to an algorithm...

The Facebook experience wasn’t all that far off from the doomsday scenario John Oliver recently envisioned on his HBO show “Last Week Tonight.”...

Know-nothing press haters may say that news organizations are going out of business because the public is shunning them, but that’s not the case at all. Through online exposure, newspapers are reaching more people than ever. The problem is how they make money. Circulation for physical newspapers is declining, and so is print advertising; digital ads remain far less profitable. The trick is finding a way to make up the lost revenue."

University of Pittsburgh Announces U.S. Patents Issued in July 2016; 8/15/16

University of Pittsburgh Innovation Institite; University of Pittsburgh Announces U.S. Patents Issued in July 2016:

"The University of Pittsburgh Innovation Institute reported that Pitt Innovators were issued five U.S. patents in July 2016."

University of Pittsburgh Innovation Institute; University of Pittsburgh, Press Release, 9/1/16

Press Release, University of Pittsburgh; University of Pittsburgh Innovation Institute:

"You are invited to tour the newly renovated offices of the University of Pittsburgh Innovation Institute, from 4-6 p.m. on Wednesday, September 14, 2016, at the Gardner Steel Conference Center, 130 Thackeray Avenue. Come and meet Innovation Institute staff and learn about the many resources, programs, events, and competitions planned for the new academic year. Appetizers and beverages will be provided. Click here to RSVP.

The Innovation Institute’s mission is to foster a culture of innovation and entrepreneurship at Pitt. Through its innovation commercialization services and entrepreneurship education programs, the Innovation Institute served nearly 2,000 Pitt faculty, students and staff in fiscal 2015. During the year Pitt Innovators submitted a record number of invention disclosures, were issued a record number of patents, and witnessed their discoveries translated into a record number of spinout companies.

As the Innovation Institute celebrates 20 years of providing innovation commercialization services to the University and the region this year, it is launching version 2.0 of its organization, following the consolidation of multiple offices under the Innovation Institute banner in 2013. With a streamlined technology management and commercialization organization, a new website, and expanded resources and programming, the staff of the Innovation Institute look forward to another banner year serving the needs and launching the dreams of Pitt Innovators."

Elsevier’s New Patent for Online Peer Review Throws a Scare Into Open-Source Advocates; Chronicle of Higher Education, 9/1/16

Goldie Blumenstyk, Chronicle of Higher Education; Elsevier’s New Patent for Online Peer Review Throws a Scare Into Open-Source Advocates:

"Patents on software can be controversial. And often, so is the company Elsevier, the giant journal publisher. So when word hit the internet starting on Tuesday night that Elsevier had just been awarded a patent for an "online peer-review system and method," reaction from people aligned with the publishing and open-source worlds came swiftly on Twitter and in other online venues, much of it reflecting suspicion about the company’s motives...

The concern revolves around the patent Elsevier received for its five-year-old "article-transfer service," a propriety online system the company uses to manage journal-article submissions and the ensuing peer reviews."

Patent office workers bilked the government of millions by playing hooky, watchdog finds; Washington Post, 8/31/16

Lisa Rein, Washington Post; Patent office workers bilked the government of millions by playing hooky, watchdog finds:

"Thousands of employees who review patents for the federal government potentially cheated taxpayers out of at least $18.3 million as they billed the U.S. Patent and Trademark Office for almost 300,000 hours they never worked, according to a new investigation.

The investigation scheduled for release Wednesday by the independent watchdog for the Commerce Department, the patent office’s parent agency, determined that the real scale of fraud is probably double those numbers..."

The hours not worked could have helped the patent office whittle down a backlog it has struggled for years to shrink, the report said. The backlog stood at about 550,000 applications last spring. Reviews take 16 to 26 months to complete...

The patent office, while relatively small, plays a big role in supporting the nation’s economic development by determining whether innovators’ new products should be given sole rights to exclude competitors from making or selling their invention. The government issued 326,000 patents last year."

President Obama to Host White House Frontiers Conference in Pittsburgh; University of Pittsburgh Press Release, 8/30/16

Joe Miksch, University of Pittsburgh Press Release; President Obama to Host White House Frontiers Conference in Pittsburgh:

"President Obama will travel to Pittsburgh Oct. 13 to host the White House Frontiers Conference, a national convening that the White House is cohosting with the University of Pittsburgh and Carnegie Mellon University to explore the future of innovation here and around the world. The convening will include topics in the November issue of WIRED, which will be guest-edited by the president on the theme of “Frontiers.” The conference will focus on building U.S. capacity in science, technology, and innovation, and the new technologies, challenges, and goals that will continue to shape the 21st century and beyond.

The White House Frontiers Conference will bring together some of the world’s leading innovators in Pittsburgh to discuss how investing in science and technology frontiers will help improve lives, including progress and investments that are keeping America and Americans on the cutting edge of innovation."

Pennsylvania wades into open data; GCN, 8/26/16

Matt Leonard, GCN; Pennsylvania wades into open data:

"The data currently available on OpenDataPA supports Gov. Tom Wolf’s three governing objectives -- education, employment and government services -- includes prison population numbers, school performance profiles and summary information on well inspections. The state also plans to release datasets from other state agencies on the site...

The administration’s main goals for releasing this data is three-fold: accountability, modernization and innovation. The portal will allow citizens to keep track of government projects, find this information in one place and use if to “make data-driven decisions.”"

Feds Target 'Predatory' Publishers; Inside Higher Ed, 8/29/16

Carl Straumsheim, Inside Higher Ed; Feds Target 'Predatory' Publishers:

"The Federal Trade Commission on Friday filed a complaint against the academic journal publisher OMICS Group and two of its subsidiaries, saying the publisher deceives scholars and misrepresents the editorial rigor of its journals.

The complaint, filed in the U.S. District Court for the District of Nevada, marks the first time the FTC has gone after what are often known as “predatory” publishers. Such publishers exploit open-access publishing as a way to charge steep fees to researchers who believe their work will be printed in legitimate journals, when in fact the journals may publish anyone who pays and lack even a basic peer-review process."

Sci-Hub Controversy Triggers Publishers’ Critique of Librarian; Library Journal, 8/25/16

Lisa Peet, Library Journal; Sci-Hub Controversy Triggers Publishers’ Critique of Librarian:

"“I was surprised that AAP would take the tactic of trying to say ‘don’t talk about Sci-Hub,’ as if ignoring the problem, or not shining light on it, would make it go away,” Joseph told LJ. “That seems kind of a backwards way to approach this issue to me, because what we’re seeing, frankly, is Sci-Hub really growing in popularity.”

Sci-Hub’s various clashes with the world of scholarly publishing, Joseph noted, is helping to raise awareness of the issues surrounding journal access outside the library walls. “It’s not just a library problem…. When researchers are going to the lengths of using an illegal resource to get access, I think it’s really showing institutions that it’s not a departmental problem. It’s an institutional problem.”

And the problem doesn’t only lie within academia, Gardner added. As a member of ALA, he said, it would be unethical for him to promote Sci-Hub’s use given the constraints of the legal system. “But I do think that copyright is far too strong, and that the system is in need of reform. The reason why services like Sci-Hub exist is because we have a copyright system which is too draconian.”

“This is an area where tempers run high, and I think that reasonable people can disagree,” he said. “There are a lot of people, scholars and librarians, who think that using Sci-Hub is civil disobedience and I’m personally very sympathetic to that argument. But it’s also obvious to me that under the current legal system, this is totally illegal.”

Gardner is working on research that he will present at ACRL’s 2017 conference, again using data from the Science survey to examine Sci-Hub’s potential impact on inter-library loan practices."

Oakland Raiders File Trademark Applications For Las Vegas Raiders; Forbes, 8/25/16

Darren Heitner, Forbes; Oakland Raiders File Trademark Applications For Las Vegas Raiders:

"The Oakland Raiders have not officially made the move to Las Vegas, but a few trademark filings may serve as a sign for what is to come. On August 20, 2016, the Raiders filed trademark applications with the U.S. Patent and Trademark Office for the mark “Las Vegas Raiders.” All of the filings, which span a variety of goods and service classifications, were filed with an intent to use the mark in commerce in the future...

The Raiders filed for “Las Vegas Raiders” protection in multiple distinct classes. They cover education and entertainment services, clothing, mobile applications, football helmets, trading cards, jewelry and play figures."

Who is to blame for the EpiPen hike? Drug monopolies – not evil CEOs; Guardian, 8/29/16

Colin Holtz, Guardian; Who is to blame for the EpiPen hike? Drug monopolies – not evil CEOs:

"Instead of playing whack-a-mole, we need to break the monopolies themselves.

Many companies have effectively outsourced their R&D to federally funded academic research. Under existing law, federal funding of R&D requires companies to offer the medicine on “reasonable terms”. If they do not, we can demand generic versions for federal programs like VA hospitals, and pay a royalty in return. Or, we can simply break the patent for everyone.

In fact, we may not be limited to publicly funded pharmaceuticals. The federal government technically has the power to suspend a patent altogether. In 2003, the Bush administration threatened the maker of anthrax medicine Cipro with exactly that power.

Moving forward, all new patents could include far-stricter cost protections that link prices to median income. Or, if you prefer a more flexible system, you could incentivize innovation with hefty cash prizes, but place the resulting drugs in the public domain."

Col. Sanders’ Secret KFC Recipe For Fried Chicken May Have Just Been Revealed Online; Huffington Post, 8/26/16

Ed Mazza, Huffington Post; Col. Sanders’ Secret KFC Recipe For Fried Chicken May Have Just Been Revealed Online:

"Call it ChikiLeaks.

One of the most famous “secret recipes” in the world may have just been revealed online.

A relative of Col. Harland Sanders, the late founder of Kentucky Fried Chicken, appears to have shown off a copy of his blend of 11 herbs and spices to the Chicago Tribune."

Now anyone can access NASA-funded research; Quartz, 8/20/16

Ian Kar, Quartz; Now anyone can access NASA-funded research:

"The US space agency has announced that it will be archiving research data at a web portal open to the public. Beginning this year, all NASA-funded authors of peer-reviewed papers will be required to provide copies of their science journal articles and the accompanying data. The research will be made available on the public portal, for free, within a year of publication...

While the portal, called PubSpace, doesn’t have the most gorgeous interface, it’s a step toward meeting a 2013 request from the White House Office of Science and Technology Policy, seeking increased public access to the results of federally funded research."

Patent office launches Cancer Moonshot challenge; FedScoop, 8/22/16

Whitney Blair Wyckoff, FedScoop; Patent office launches Cancer Moonshot challenge:

"The Patent and Trademark Office launched a contest Monday that encourages the public to glean new insights about cancer research from the agency’s intellectual property data.

As part of the USPTO Cancer Moonshot Challenge, participants will be tasked with finding ways to link data from the agency’s new Developer Hub portal to other data sets related to research grants and the economy. Organizers hope participants will illuminate trends that will help the federal government make better funding and policy decisions to develop more effective cancer treatments...

The contest is part of a sweeping White House initiative to find new, innovative ways to treat cancer. The USPTO blog post notes the agency “is playing an important role” in the program: Last month, it launched its Patent 4 Patients program to halve the time it takes to evaluate patent applications for cancer therapies.

For the new contest, the patent office will offer an information session on Thursday for those interested in participating."