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Federal Circuit Clarifies Venue Waiver After TC Heartland

By Peter R. Montecuollo and David G. Barker The Federal Circuit issued guidance yesterday for district courts deciding venue challenges after the Supreme Court’s May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC.  In In re Micron Technology, Inc., the Federal Circuit granted Micron Technology, Inc.’s petition for a writ of […]

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Former Associate

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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Update: The DTSA Receives Strong Support from Congress and the White House

The federal Defend Trade Secrets Act (“DTSA”) received strong support from both the White House and the Senate on April 4, 2016.  The White House issued a Statement of Administration Policy stressing the importance of trade secret protection to promote innovation and minimize “threats to American businesses, the U.S. economy, and national security interests.”  Additionally, […]

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Arizona Supreme Court Limits Preemptive Sweep of Arizona’s Trade Secrets Act

The Arizona Supreme Court decided yesterday in Orca Communications Unlimited v. Noder that Arizona’s version of the Uniform Trade Secrets Act, A.R.S. § 44-401 et seq., does not preempt common law tort claims for misappropriation of confidential information that does not rise to the level of a statutory “trade secret.” The majority of jurisdictions deciding the preemption issue […]

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Supreme Court Declines to Issue Broad Guidance on Self-Replicating Articles

On May 13, 2013, the Supreme Court of the United States issued a unanimous opinion affirming the Southern District of Indiana and Federal Circuit in Bowman v. Monsanto Co., holding that the exhaustion doctrine did not permit a farmer to harvest soybeans with patented genetic resistance to pesticides for seed. The opinion did not, however, […]

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Significant Changes in Patent Litigation May Be on the Horizon

The Federal Circuit recently decided to have the entire court consider en banc whether the court should overrule its longstanding rule that patent claim construction is a purely legal question which is reviewed de novo on appeal. This development may foreshadow significant changes in patent litigation practice. A brief historical discussion will highlight the potential […]

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