IP Law Alert

IP Law Alert

Practical Perspectives on Intellectual Property Legal Developments

Tag Archives: Aleynikov

Federal Government Taking More Steps to Protect Trade Secrets

Posted in Trade Secret
The federal government continues to take aim at those who violate trade secrets rights. On December 28, 2012, the Theft of Trade Secrets Clarification Act of 2012 (S. 3642) became law, expanding the definition of trade secrets under the Economic Espionage Act (EEA). In addition, as previously reported in a Gibbons IP Law Alert blog, the President is expected to sign legislation recently passed by Congress that triples the damages for a violation of trade secrets protection laws and provides technical changes to patent applications and protections. Also worthy of note is an 82-page report from the U.S. Department of Justice issued last month detailing federal enforcement efforts concerning trade secrets theft… Continue Reading

U.S. v. Aleynikov Redux: Senate Closes Loophole in EEA

Posted in Trade Secret
This past spring, we reported the Second Circuit's reversal in U.S. v. Aleynikov, where the Court considered violations of the Economic Espionage Act of 1996 ("EEA"), 18 U.S.C. § 1832, and the National Stolen Property Act ("NSPA"), 18 U.S.C. § 2314. In short, the Second Circuit ruled that the EEA pertains to trade secrets "placed in" commerce, and that Aleynikov's alleged misappropriation of the source code of Goldman Sachs & Co.'s trading system, which was for internal use, therefore was not violative of the EEA or the … Continue Reading
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