Entries by David L. Cohen, Esq.

HR and Trade Secret Asset Management

by David Cohen and Donal O’Connell Trade Secrets: While the laws governing trade secrets differ slightly from country-to-country, common among nearly all these laws is that a trade secret is any information that is: Not generally known to the relevant business circles or to the public. The information should also not be readily accessible. Confers […]

Outsourced Manufacturing and Trade Secrets: Contractual Trade Secret Protection Measures (Part 9)

As we have discussed elsewhere, a trade secret audit or assessment is vital if a company is to protect itself during the outsourced manufacturing process. [See these articles: Trade Secret Audits – Why Bother? ; You’ve Decided to Conduct a Trade Secret Audit. Now What?; You’ve Decided to Conduct a Trade Secret Audit. Now What? […]

Outsourced Manufacturing and Trade Secrets: Controlling the Manufacturing Process (Part 8)

Last time, I discussed outsourced manufacturing as well as the process and personnel. Now, I continue the discussion by exploring control over transactions and products as it relates to IP protection. Establishing and Maintaining Oversight Requiring the manufacturer to maintain a designated facility for all work involving the transaction can reduce the risk of violations […]

Unified Patent’s UnFRANDly Jihad or Trolling at the PTAB

  After a period of skeptical acquiescence, anti-trust regulators seem to have come around and embraced patent pools for standard essential patents (SEPs.)   The European Commission, no slouch when it comes to regulating SEPs, even remarked that the creation of patent pools “should be encouraged.”  Indeed, one recent study purporting to be the first to […]

Outsourced Manufacturing and Trade Secrets: Manufacturing Process & Personnel (Part 7)

After deciding on the basic corporate or contractual structure, the company should decide how best to strategically divide the manufacturing process. In the outsourced manufacturing context, the best process involves not only efficient manufacture, but also the most effective process to mitigate potential trade secret risks.