Today’s (September 28, 2017) links of interest

Just when you thought you rigged the system in your favor someone smarter then you comes up with an angle: Apple is being sued for patent infringement by a Native American tribe
Ruling by Düsseldorf court offers businesses guidance on the licensing of standard-essential patents, says expert
To Disclose Or Not To Disclose: Trade Secrets Vs. Patents
AT&T, TiVo Extend Licensing Agreement
Licensing and the Art of Preventive Negotiation: Minimizing Unintended Consequences

Today’s (Sept 27, 2017) Links

The Coming Software Apocalypse
Development of innovative new standards jeopardized by IEEE patent policy jeopardized
Nice work Anders! A recent study by Parallel North IP has identified the individuals who are driving the key innovations for the development of IoT – and that the IoT universe has over 1.1 Million US Inventors
Emerging Trends in Defend Trade Secrets Act Litigation
Google is reportedly separating its shopping service after EU antitrust fine; Google Shopping will remain part of Google, but will be operated and funded independently
Companies start to rethink East Texas plans, as Federal Circuit reins in EDTX jurisdiction in Cray judgment

Today’s (Sept 26, 2017) Links of Interest

The Telecom Regulatory Authority of India Invites Comments on Patents Act, FRAND | Views on Inter Agency Co-Operation
Fuji files a new ITC complaint focusing on Sony
Italian Supreme Court confirms availability of copyright protection to TV formats
DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft
Barbri Escapes Rival Bar Exam Prep Company’s $50M Antitrust Suit

Today’s (Sept 25, 2017) links of interest

Recent flood of patents for sale is hurting patent values, Allied Security Trust CEO Binns says
Will Imagination Deals Deliver MIPS to China? Imagination sells itself to Canyon Bridge, while agreeing to sell MIPS to another VC
China-based companies deny allegations they stole Hitachi technology
Surprise! Developers aren’t so stupid after all – Facebook backtracks on anti-patent troll license
Big Law Watch Out?  PwC, the Accounting Giant, Will Open a Law Firm in the U.S. to advise on foreign law like corporate restructuring
Soon we’ll see if the gambit worked: Native American tribe moves to dismiss Allergan patent case
Private Enforcement of EU Competition Law: A Comparison with, and Lessons from, the US

Trade secret litigation report issued

Stout Advisory issued its inaugural report on US trade secret litigation similar in structure to PwC’s patent litigation report.  It seems clear that for many of the reasons noted in the report including changes in the patent and employment landscape there will be a deluge of trade secret claims in the near term.   In my view, for trade secrets to survive as a viable asset class, a series of best practices (ultimately to be blessed by the courts) must be developed.   Those best practices must include processes to catalog and protect metadata associated with the trade secret including things like the trade secret’s creators/developers; creation date; physical locations; owners; responsible parties; and protection mechanisms, as well as the people with access rights and whether and how third parties have accessed the trade secrets and how those third parties are protecting the secret.   In my experience, few companies – until recently – have really though these issues.  They need to get started soon.

Recent links of interest

 Google to pay $1.1 billion for HTC smartphone R&D team and IP licence rights  – yet they had to buy 3d party patents to sue Nokia
Recent trends have set the foundation for a continual surge in federal trade secret litigation
Departing Employees: Ensuring Protection of Trade Secrets and Intellectual Property
Waymo seeking $2.6 bln for one trade secret against Uber
Network-1 Announces Settlement of Patent Litigation With Avaya, Inc.
Facebook U-turn: React, other libraries freed from unloved patent license
Korea’s new antitrust boss says he’ll target patent abuse in the IoT realm
Gilstrap abused discretion on patent venue rules, says Federal Circuit
Launch of First Auction on Ocean Tomo Bid-Ask™ Market Platform
The European Union Is Preparing to Get Tough on Data Protection
Toshiba To Sell Memory Chip Unit To Bain-led Group For $18 Bln
UK Litigation Funder, IP Firm Put Funding Row To Rest
Trump’s Antitrust Chief Nomination Is Held Up in Senate
First US Anti-trust lawsuit over biosimilars
Apple’s Kowtow To Chinese Oppression

Today’s (Sept 20) Links

Of course, Robarts would criticize Birss, but given the state of US patent law and the possibility of a global injunction – will SEP holders care?
Margrethe Vestager’s growing American fan club
Inside the new battle against Google; Barry Lynn and his team think monopoly is the next great Democratic political cause. But what happens when they aim for the tech giants?
PRC Court Recognizes A U.S. Court Judgment For First Time Based On Principle Of Reciprocity – is that a good thing? or should one be care of what one asks for?
When (And Where) Patent Licenses Fail: 3 Subtle Traps For The Unwary – I would add making sure renewal rights include all the IP previously licensed so licensors can’t sell some of the IP to a 3d party with a backend during the license and after renewal the 3d party demands additional royalties for IP previously licensed
The European Court Of Human Rights Sets Out Criteria For Lawful Monitoring Of Employees
Can A “Non-Party” Director Of A Corporation Be Held Personally Liable For Litigation Costs?
Court Imposes Adverse Inference For Failure To Preserve Non-Party’s Text Messages Within Defendants’ “Control”
The US’s BigTech elite will find it tough to set the patent agenda in Europe – let’s hope so…
EU & Competition Law Update – September 2017
Court: No Waymo to Uber’s Assertion of Privilege on Pre-Litigation Investigation
Dali Wireless and Fiplex Communications Settle Patent Dispute, Fiplex to License Dali Patents
New patent review process has saved billions—so why is it under attack? – If you must know, because Big Tech is saving the money at the expense of small inventors

Today’s (Sept 19) links of interest

Patent Litigation in the District of NJ After ‘TC Heartland’
Congress Reports on AIA’s Impact on Innovation and Proposed Reform
Banking on IP: An Insider’s Perspective
Fish Fight: Fish IP Law Sues Fish & Richardson in Trademark Spat

Links of Interest (Sept 18, 2017)

Nokia to book additional licensing revenue after ICC arbitration victory against LG
Another example of Facebook’s insidious influence – WordPress to ditch React library over Facebook patent clause risk
Kokes out from Blackberry
PIPCO DSS brings  Singapore-based businessman to be CEO
Former CEO of Conversant now CEO of IP Value
Amazon removes top selling product for alleged IP violations claimed by non-existent law firm
Using the Consumer Financial Protection Bureau to fight monopolies
The patent box is not enough to help innovation
More ignorance from economists on patents – big tech is bad because business method patents
The PTAB’s dramatic effect on patent value and corresponding disincentives to capital allocation

Today’s (September 15) links of interest

IV wins one and loses one in its Motorola patent dispute; back to the district court for damages
More wishful thinking on the Via pool
China’s two biggest search engines are back in court again
Democratic Senators propose making monopsony an anti-trust violation
Is it time for anti-trust action against the internet giants?
EPO Ready for Unitary patent as soon as ratification requirements are met
UK Investment advisors AON, Mercer and Willis Towers Watson face full competition law probe
The travesty of the iphone x