Intersection of Patents and Trade Secrets
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About
This Course
Traditionally, patents and trade secrets have been considered mutually exclusive forms of protection given their dramatic differences. Increasing complexity of technology and changes in the law have led to a rise in mixed patent and trade secret disputes. The fundamental nature of patent and trade secret protection has not changed, however, which introduces unique issues when litigating such claims side by side.
This program compares and contrasts patent and trade secret protection both substantively and procedurally, then builds on that foundation to explore issues that arise when innovators seek to enforce both forms of protection. The program goes on to examine the implications of unauthorized patenting of trade secrets and remedies for such offenses. The program content will be of particular value to law firm attorneys who litigate patent and trade secret matters, as well as corporate counsel responsible for managing litigation or intellectual property portfolios.
Learning Objectives:
- Compare and contrast the basics of patent protection versus trade secret protection
- Investigate the implications of patenting your trade secret
- Evaluate patenting as a form of trade secret misappropriation: ramifications and relief
- Explore recourse in the U.S. Patent and Trademark Office, Patent Trial and Appeal Board
About the Presenters
Douglas Nemec, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Practice Area: Intellectual Property
In the diverse range of matters Mr. Nemec has led in state and federal courts from coast to coast, he has obtained positive results for clients in matters ranging from patent infringement to trade secrets to high-stakes licensing disputes. The technologies involved have been equally wide-ranging. With a background in bioengineering, Mr. Nemec has a particular fondness for life sciences matters, but has equal aptitude helping judges and juries to understand technological matters involving computers, electronics, industrial chemicals and mechanical structures.Working alongside Skadden’s corporate practice, Mr. Nemec has significant experience beyond litigation, including advising on mergers and acquisitions, licensing, and ...
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Leslie Demers, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Practice Area: Intellectual Property (+ 1 other areas)
Ms. Demers has assisted in matters involving technologies across varied industries, including pharmaceutical, medical device, food service, renewable energy, industrial machinery, and information technology.Ms. Demers’ representative engagements include:defending a brand name drug defendant in an antitrust proceeding following settlement of Hatch-Waxman cases;representing a U.S. manufacturer of induction heating units in a patent infringement suit;advising on IP disputes relating to the bankruptcy of a global renewable energy development company;a bet-the-company arbitration involving an IP licensing dispute;representing a leading flavor and fragrance company in a trade secret, unfair competition and breach of contract action; anddefending an API manufacturer in Hatch-Waxman litigation.Ms. Demers ...
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