intellectual property
Understanding the Economic Value of Trade Secrets
April 11, 2014
The economic value of trade secrets, like other forms of intellectual property (IP), lies in the proprietary competitive advantage gained from use coupled with the exclusion of others from such use. But unlike the right to exclude others from using a patent for a limited period of time, which arises from a government granted monopoly tied to disclosure, the right to exclude others from the use of a trade secret arises from limited disclosure and reasonable efforts to maintain secrecy. This article...
April 11, 2014
The economic value of trade secrets, like other forms of intellectual property (IP), lies in the proprietary competitive advantage gained from use coupled with the exclusion of others from such use. But unlike the right to exclude others from using a patent for a limited period of time, which arises from a government granted monopoly tied to disclosure, the right to exclude others from the use of a trade secret arises from limited disclosure and reasonable efforts to maintain secrecy. This article...
Congress Weighs Balance of IP Freedoms and Protections
August 8, 2013
Companies involved in open-source code, crowdsourcing, and fair use of intellectual property on Thursday delivered a strong message to U.S. lawmakers reviewing IP laws: Don't forget about our businesses. Leaders from crowdfunding website Indiegogo Inc., nonprofit software developer Beneficent Technology Inc., manufacturer SparkFun Electronics Inc., television monitoring company SnapStream Media Inc., and cloud-computing company Rackspace Inc. detailed their IP desires to members of the House Judiciary...
August 8, 2013
Companies involved in open-source code, crowdsourcing, and fair use of intellectual property on Thursday delivered a strong message to U.S. lawmakers reviewing IP laws: Don't forget about our businesses. Leaders from crowdfunding website Indiegogo Inc., nonprofit software developer Beneficent Technology Inc., manufacturer SparkFun Electronics Inc., television monitoring company SnapStream Media Inc., and cloud-computing company Rackspace Inc. detailed their IP desires to members of the House Judiciary...
Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims of Agreement”
May 22, 2013
In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth Circuit found that the arbitrator’s creative award must be upheld under the Federal Arbitration Act, and set forth new guidance for courts confronting similar issues. Timegate Studios, Inc. v. Southpeak Interactive, LLC, __ F.3d __, 2013 WL 1437710 (5th Cir. April 9, 2013). The...
May 22, 2013
In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth Circuit found that the arbitrator’s creative award must be upheld under the Federal Arbitration Act, and set forth new guidance for courts confronting similar issues. Timegate Studios, Inc. v. Southpeak Interactive, LLC, __ F.3d __, 2013 WL 1437710 (5th Cir. April 9, 2013). The...
