NEWS & UPDATES
Strategic commentary on patent prosecution, trade secrets, and navigating the evolving landscape of AI-assisted innovation.
Versata v. Ford And The Power Of Trade Secrets – A Series (3 of 3)
In this third and final installment of our series on the Federal Circuit’s blockbuster Versata v. Ford decision, we explore how the court rejected the "atomic" defense to protect complex software architecture as a whole. By strategically separating the information delivered to licensees from the internal definitions of their trade secrets, software innovators can leverage "information asymmetry" to secure their IP and maximize legal liability if a breach occurs.
Versata v. Ford And The Power Of Trade Secrets – A Series (2 of 3)
When protecting proprietary software, relying on a single legal mechanism is a recipe for vulnerability. In this second installment of our series on the Federal Circuit’s blockbuster Versata v. Ford decision, we explore how contract law acts as a powerful, independent backstop to trade secret claims, and how the court reinforced the "Wrongdoer Rule" to reinstate an astronomical $82.26 million verdict.
Versata v. Ford And The Power Of Trade Secrets – A Series (1 of 3)
The Federal Circuit decision late last month in Versata v. Ford is one of the most important decisions for companies that generate and monetize intellectual property in quite some time. In fact, it is so important this is just the first in a series of posts on the case.
The Company As “Trade Secret Office”
Most innovation strategies rely on the hope of government validation, but trade secrets flip the script. This time, our focus is on the “Internal Examiner” model, where the power to create legal certainty resides entirely within the enterprise. By utilizing internal “reasonable measures” to grant protected status to its own assets, a company eliminates the uncertainty of external backlogs and shifting administrative policies. Learn how to take control of the innovation pipeline and build an operational moat without waiting periods or maintenance fees.
Trade Secrets as Assets: Turning Intellectual Capital into a Legally Undeniable Moat
Most companies treat trade secrets as a passive legal status—something they “have” simply because they haven’t told anyone. In my latest post, I break down why this is a high-risk strategy and propose a more proactive approach. Learn what specific data points should be generated for every trade secret asset to transform vague know-how into a defensible “Innovation Ledger,” and how this documentation provides critical leverage during M&A due diligence, technical collaborations, and internal audits.
A New Partnership Focused on Trade Secret Litigation Financing
Congratulations to Tangibly and SIM IP on their new partnership! This piece takes a look at what this could mean for companies that generate intellectual property and take protecting it seriously.
Protecting the Data Advantage: Why Trade Secrets Programs Are Essential for Data-Driven Technology Companies
Data-driven technology companies face a critical risk shift as they mature—from proving market value to protecting their innovations from competitors—making trade secrets programs essential for safeguarding the proprietary data sources, AI methodologies, and analytical processes that drive their competitive advantage in the $14.4 billion data monetization market.
Protecting Innovation With Trade Secrets And Patents, Simultaneously
Innovators don’t have to choose between patents and trade secrets—they can use both strategically to maximize protection. By carefully managing disclosure and timing, businesses can preserve trade secret value while keeping the door open to patent protection.
Why Trade Secrets May Be The Most Important Form Of IP For AI Innovation
AI innovations are often best protected as trade secrets, since their most valuable components—like proprietary algorithms and data—are hidden from users and competitors, offering long-lasting protection without public disclosure. While patents still play a role, the confidential nature and rapid evolution of AI make trade secret protection a more strategic choice for many technology companies.
TRADE SECRETS – Some Basic Considerations and Strategy
Recent high-profile trade secret cases show how seriously courts are taking protection of proprietary information. While the legal requirements are simple—identify secrets and take reasonable measures to protect them—companies must carefully balance security with day-to-day operations to safeguard their competitive edge.
