Walter Judge

Alleged Patent Troll Targeted by Vermont Attorney General

September 25, 2013
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Previously, we posted about Governor Peter Shumlin signing into law Vermont’s first-in-the-nation (and so far only-in-the-nation) patent troll legislation helping Vermont businesses protect themselves from bad faith patent infringement claims. 9 V.S.A. §§4195-4199 (effective July 1, 2013). In the meantime, the Vermont Attorney General is pursuing patent troll claims against MPHJ Technology Investments, LLC under […]

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Seed of Patent Infringement Germinates Between Organic Farmers and Monsanto

June 25, 2013
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Organic farmers throughout the U.S. have worried for years that agricultural powerhouse Monsanto, might someday show up at their garden gate with a lawsuit for patent infringement because their crops were “inadvertently” contaminated with Monsanto biotech seed, a GMO or genetically modified organism, growing in neighboring fields. They were so worried, in fact, that in […]

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Speaking Of . . . Trade Secrets | Damages For Misappropriation Can Be Full Refund Of Ex-Employee’s Severance Pay

March 14, 2013
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When your trade secrets are stolen, you might sue the ex-employee who stole them, or the competing business that’s now in possession of them, or both.  What’s an appropriate measure of damages when your trade secrets are stolen?  It can be your lost profits caused by the misappropriation, if you can prove them.  Or, it […]

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Speaking of . . . Trade Secrets | Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over Canadian Who Never Left Canada **UPDATE 3/7/13**

March 7, 2013
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3/7/2013 Update Below An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut.  In MacDermid, Inc. v. Deiter, 702 F.3d 72 (Dec. 26. 2012), a Connecticut-based company, MacDermid, Inc., sued its former employee, […]

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Speaking of . . . Trade Secrets | Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over Canadian Who Never Left Canada

March 4, 2013
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An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut.  In MacDermid, Inc. v. Deiter, 702 F.3d 72 (Dec. 26. 2012), a Connecticut-based company, MacDermid, Inc., sued its former employee, Deiter, a Canadian […]

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Speaking of . . . Insurance Coverage | Is There Coverage for Alleged “Disparagement” of Another Company’s Product? One California Appeals Court Says Yes, Another One Says No, On Same Policy Language

February 1, 2013
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We previously discussed the troubling issues of:  a) whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b) which of your policies is the one(s) you should be looking to for possible coverage when you get sued for infringement. And for a great discussion of insurance coverage for IP infringement […]

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Speaking of . . . Copyrights | Did Avatar Rip Off Bats and Butterflies? California Court Says No.

December 19, 2012
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Misunderstood heroes.  Space travel.  Alien worlds.  Humanoids.  Greed.  Imperialism.  Violence.  Exploitation.  Intercultural war.  Redemption.  And Copyright Infringement? Everyone’s seen the movie Avatar. How many people have read the book Bats and Butterflies? How many people have even heard of it?  The author of Bats and Butterflies alleges that James Cameron’s Avatar is a rip-off. Background […]

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Computer Fraud and Abuse Act | Did the Ninth Circuit Blow It?

October 2, 2012
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Did the Ninth Circuit “blow it” when it snubbed other courts and held that “exceeding authorized access” under the Computer Fraud and Abuse Act (CFAA) means nothing less than “hacking?” In a recent decision, U.S. v. Nosal, the full Court challenged the prevailing understanding of computer crime law by taking a narrow view of the […]

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Social Networks and Trade Secret Misappropriation: Can your company’s “friends” list be a trade secret?

August 1, 2012
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Trade secrets are aspects of your company that, if discovered/used by a competitor, could significantly impact your bottom line or your ability to compete in the marketplace.  Recently, a federal court in Colorado held that even something that appears to be publicly known – in this case, a business’s Myspace® profiles and “friends” lists – […]

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Breaking Up Is Hard To Do: Protecting Your Company When High-Level Employees Depart

April 1, 2012
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I have previously written about how courts will ask, when presented with a claim of trade secret misappropriation, whether the trade secret owner took reasonable steps to maintain the confidentiality of its information (see here and here).  One of the most important ways to protect your information – and to later improve the chances of […]

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