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fromIPWatchdog.com | Patents & Intellectual Property Law
1 month agoThird Circuit Narrows Scope of CFAA and DTSA Claims Against Former Employees
Congress enacted the CFAA in 1986 as a criminal law statute in response to the nascent issue of computer "hacking." 18 U.S.C. § 1030. The private cause of action was added a decade later. The Act prohibits unauthorized access or access that exceeds authorized access to computers. The CFAA defines "exceeds authorized access" as accessing "a computer with authorization and [using] such access to obtain . . . information in the computer that the accesser is not entitled to obtain," while leaving "unauthorized access" undefined.
Intellectual property law
Artificial intelligence
fromBusiness Insider
1 month agoThe billion-dollar rivalry over 'ChatGPT for doctors' just got nastier with dueling lawsuits
Two major healthcare AI companies, Doximity and OpenEvidence, are engaged in escalating lawsuits over alleged impersonation, prompt-injection attacks, trade-secret theft, and reputational harm.
Intellectual property law
fromPatently-O
1 month agoGenetic Patents Catch-22: Can Challenging a Patent Requires Risking Infringement?
PTAB denied Inari's PGR obviousness challenge because Inari did not sequence the deposited seed, forcing challengers to risk infringement to obtain defining genetic data.
Intellectual property law
fromPatently-O
2 months agoGuest Post: Quintara Clarifies - and Complicates - Trade Secret Identification Under the DTSA
The Ninth Circuit held the DTSA requires no pre-discovery "reasonable particularity" identification but treated particularity as a jury fact question, creating procedural uncertainty.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
3 months agoPatents vs. Trade Secrets: Do You Need a Patent, or is a Secret Enough?
Patents in the United States are becoming less desirable, prompting innovators to consider trade secrets as an alternative for protecting their innovations.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
6 months agoNinth Circuit Says Group of Chinese Companies Indicted for Trade Secret Theft Failed Foreign Sovereign Immunity Test
Chinese companies cannot claim foreign sovereign immunity in U.S. court for economic espionage involving stolen trade secrets.
Ninth Circuit reinforces that ownership by a foreign state doesn't grant immunity under federal law.
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