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Republishing DNC’s Stolen Secrets Not Trade Secret Misappropriation

By David G. Barker On April 20, 2018, the Democratic National Committee (“DNC”) sued the Russian Federation, Donald J. Trump for President, Inc. (the “Campaign”), WikiLeaks, and other defendants relating to the Russian Federation’s theft of documents from the DNC during the 2016 presidential election. Last week, the United States District Court, Southern District of […]

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Glimmers of Justice Gorsuch’s Prospective IP Jurisprudence

On April 10, 2017, Neil Gorsuch was sworn in as the 113th justice of the Supreme Court, filling the vacancy left by Justice Antonin Scalia.  While on the Tenth Circuit, Justice Gorsuch wrote opinions on complex trade secret, copyright, and trademark issues in a detail-oriented manner that indicates balanced treatment of intellectual property owners and […]

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House of Representatives Passes Defend Trade Secrets Act

The House of Representatives passed the federal Defend Trade Secrets Act (“DTSA”) on April 27, 2016 with a vote of 410-2.  Strong, unified support for the DTSA by the House of Representatives closely followed its unanimous passage by the Senate in early April 2016.  The DTSA now will be presented to President Obama for his […]

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Defend Trade Secrets Act Progresses

The Defend Trade Secrets Act continues to move through Congress.  Yesterday, the House Judiciary Committee approved the bill without any amendments, sending the DTSA to the House floor for a vote.  If the DTSA passes the House, President Obama has indicated he will sign the bill into law.  We will continue to monitor the DTSA’s […]

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Defend Trade Secrets Act Clears United States Senate Judiciary Committee

The Defend Trade Secrets Act (“DTSA”) has cleared the Senate Judiciary Committee with broad bipartisan support. Currently, state law governs civil claims for trade secret misappropriation, generally under a particular state’s version of the Uniform Trade Secrets Act (“UTSA”), the application of which has been called “anything but uniform.” As amended, the DTSA would not […]

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Recent Decisions from the District of Arizona Illuminate Ninth Circuit Record Sealing Standards

Litigation often involves information that a company wants to protect from disclosure in public court records, such valuable technical, financial, and business information that is otherwise kept confidential.  One way of protecting this type of information is to seal court records.  Although courts generally are leery to impede the public’s interest in open access to […]

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Ninth Circuit to Revisit Expansive Interpretation of Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, has been characterized as a federal trade secrets statute.  While the characterization is far from rigorous, it is true that the CFAA provides for civil remedies and criminal penalties in some instances where a “protected computer” is accessed “without authorization or exceeding authorized access.”  […]

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Welcome to the Snell & Wilmer intellectual property and technology litigation blog!  Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments. For links to posts on recent developments occurring before this blog’s launch, click here:  pleading, inequitable conduct, inducement of patent infringement, patent invalidity, and […]

| 1 min read