Independent development 2 Reverse engineering Misappropriation case must have 1

Independent development 2 reverse engineering

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Independent development 2. Reverse engineering Misappropriation case must have 1. The information actually was a trade secret 2. The plaintiff had maintained reasonable measures to protect secrecy 3. The defendant improperly acquired, used, or disclosed the trade secret information o Patents Constitution authorizes the federal government to grant patents to investors Inventor receives a 20-year exclusive right to make, use, or sell the patented invention: nonrenewable Requirements 1. Patentable subject matter a. Machines, manufacturers, compositions of matter, processes 2. Useful 3. Novel
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4. The result of a patent application that was originally filed within one year after certain actions that revealed the invention 5. “Nonobvious” Remedies: Damages in many millions of dollars can include lost profits on sales of a patented item that the owner would have made if it hadn’t been for infringement Possible punitive damages o Copyrights Exclusive rights 1. Make copies 2. Create derivative works 3. Publicly distribute copies 4. Publicly display the work 5. Publicly perform he work 6. Digital audio transmission P does not have to show intent for infringement o Trademark o Any distinctive word, phrase, symbol, or design adopted for the purpose of identifying the origin of goods being offered for sale o Infringement occurs when a competitor’s goods are likely to be misled as to the origin of the goods that they are purchasing SECURITIES Securities Act of 1933 o The first federal securities law o Regulated the initial issuance of securities by companies o Registration was required before a new security could be offered or sold Securities Exchange Act of 1934 o Extended federal regulation to trading in securities already issued and outstanding o Required registration of securities brokers and dealers, and created the Securities and Exchange Commission (SEC) o Allows injured investors to sure companies for securities fraud Insider Trading o 16(b): Any profits realized by such an insider in connection with a purchase and sale within a 6 month period is an illegal “short-swing” profit Any such profit may be recovered on the issuers behalf. Near absolute liability
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o 10b-5: This is harder to prove, but has broader coverage than 16(b) To protect the investing public by preventing fraud and equalizing access to material information. Applies to any purchase or sale by any person of any security – there are no exceptions Duty to disclose of abstain 1. Corporate insiders 2. Temporary insiders (attorneys) 3. Misappropriators 4. Tipee of the first three categories o Sarbanes Oxley To protect investors from the possibility of fraudulent accounting activities by corporations Mandated strict reforms to improve financial disclosures from corporations to prevent accounting fraud o Dodd-Frank Places regulation of the financial industry in the hands of the government Created Financial Stability Oversight Council (FSOC) More recent o
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  • Spring '08
  • Baker

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