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Patent and Trade Secret Issues: To Patent or Not to Patent; Trends and the Need for Insurance; Protecting Trade Secrets During Litigation; and Modern Trends in Trade Secret Valuation

Original air date: 5.26.21
This course has expired and is no longer eligible for CLE.

Patent protection and trade secret sometimes seem to be at opposite purposes, especially for software-related applications. This presentation will discuss advantages and drawbacks of the two protection schemes for software and considerations for how to select between the two regimes.

Litigation may require the disclosure of trade secret information. This can be true even if the litigation does not involve assertions of trade secret misappropriation. To avoid inadvertent disclosure of trade secret information, care must be taken at all stages of a litigation. This presentation will discuss best practices for managing trade secret information during litigation.

In 2016, the Federal government followed suit by implementing the Defend Trade Secrets Act (DTSA), creating a federal cause of action for trade secret misappropriation. This presentation provides an overview of the UTSA and DTSA damages provisions, and reviews cases from around the country where damages have been awarded for misappropriation and resulting valuations.

Presented by: Elizabeth Ferrill of Finnegan Henderson Farabow Garrett & Dunner, LLP; James Gale of Cozen O’Connor; Andrew Pratt of Venable, LLP; Ryan Strom of Target Corporation; and moderated by John Morrow of Womble Bond Dickinson

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