Trade Secrets

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At McDonnell Boehnen Hulbert & Berghoff LLP, we understand that trade secrets and “know how” are among a business's most valuable intellectual property rights. We appreciate that a business’s success can be closely tied to its ability to protect its trade secrets, whatever form they are found in. As a result, we work cooperatively with our clients to find solutions that strike the best balance of protecting them from misappropriation, while promoting internal collaboration and business success.

Our attorneys have extensive experience counseling clients on how to protect against the theft of trade secrets from both external and internal threats. That starts with assisting clients in identifying the many types of confidential information and things that can be protected as trade secrets. Furthermore, since a trade secret’s value depends on keeping it a secret, another critical concern is assisting clients in safeguarding the secrecy of their trade secrets. We collaborate with our clients to develop unique solutions to provide the security they need to thrive. Whether it be drafting or reviewing agreements with employees, consultants, vendors, suppliers, or competitors; designing or reviewing security and secrecy methods and policies; or conducting training sessions for employees, our attorneys work together with clients to customize strategies to protect the clients’ trade secrets from inadvertent or unauthorized disclosure and misappropriation.

If litigation is necessary to enforce our clients’ trade secret rights -- or if a client is forced to defend against a competitor’s allegations -- our attorneys draw on their years of experience to aggressively and effectively litigate trade secret disputes. These cases are often complex and frequently demand swift action. Our team of attorneys has the legal and technical experience necessary to efficiently and effectively handle our clients’ trade secret disputes. We will initiate or respond to litigation as quickly as necessary, including filing or responding to temporary restraining orders or preliminary injunction motions.

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Upcoming Events

July 25, 2017
MBHB partner Emily Miao, Ph.D. is the Featured Presenter at this MATTER Sponsored Workshop
July 27, 2017
MBHB Partner Dr. Andrew Williams Is the Featured Presenter
August 29, 2017
September 14, 2017
MBHB Partner Anthoula Pomrening Is the Featured Speaker for this Program
September 19, 2017
MBHB Partners Alison Baldwin and Paula Fritsch, Ph.D. Are Featured Presenters
October 15-17, 2017
MBHB Partner Bradley Hulbert Is a Featured Co-Speaker for this PRG-Sponsored Program

Past Event

June 20, 2017
MBHB Partner Dr. Kevin Noonan Is the Featured Moderator at this BIO 2017 Program
May 24, 2017
MBHB Partner Kevin Noonan, Ph.D. Is the Featured Speaker
April 27, 2017
MBHB Partners Grantland Drutchas and Patrick Are Featured Co-Presenters
April 18, 2017
MBHB Partner Joshua Rich Is the Featured Presenter
March 7, 2017
MBHB Partner Dr. Emily Miao is a Featured Presenter


June 12, 2017 (snippets Alert)
Today, in Oil States Energy Services v. Greene’s Energy Grp., LLC, Case No. 16-712, the Supreme Court accepted certiorari on the question of whether the IPR regime set out by Congress in the AIA is constitutional. At issue is whether, once patents are issued, the resulting patent rights are a “public right,” in which case their validity can be resolved by an agency, or a “private property right,” in which case the validity issues must be addressed by Article III courts and arguably subject to the Seventh Amendment’s right to trial by jury.
Spring 2017 (snippets)
In part because of RCE and Appeal backlogs, the USPTO has introduced several post-examination programs to speed-up patent prosecution, increase collaboration between examiners and applicants, and reduce the number of RCE and Appeal filings. In this paper, we discuss several procedural options available to applicants after receiving a final rejection, advantages/disadvantages of each option, and conclude with suggestions on how to select the best option depending on the situation.
Spring 2017 (snippets)
Counterfeiting is not a problem limited to items such as luxury handbags or designer sunglasses, but one that extends to many industries—from pharmaceuticals to automotive parts, consumer electronics to cosmetics, computers to personal care products. Thus, the problems imposed on society by counterfeiting are far-reaching, and, according to recent studies, only growing.
Spring 2017 (snippets)
Recently, the Supreme Court delivered a rare victory for many intellectual property (IP) owners in its recent decision: Star Athletica, L.L.C. v. Varsity Brands, Inc. Here, we attempt to unpack what little clear, practical guidance may be garnered from this decision.
Spring 2017 (snippets)
Data analytics services now provide patent practitioners the ability to easily determine tendencies of patent examiners, which allows them to amend their prosecution strategies accordingly. This article focuses on the information provided by such services, and provides three particular scenarios where examiner-specific analytics can be used to update prosecution strategy.
Spring 2017 (snippets)
What seems evident from Halo, and the cases that have applied it, is that simply proving willful infringement (even when shown by clear and convincing evidence) is not always going to be sufficient to ensure an award of enhanced damages. To support an award of enhanced damages, patentees will now have to establish that the infringer was more than an aggressive competitor that may have played a little too close to another’s patent rights.
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