The Defend Trade Secrets Act of 2016: Leveraging the New Federal Framework to Protect IP
Navigating the New IP Landscape, Evaluating Federal and State Causes of Action, Weighing Trade Secret vs. Patent Protection
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to IP counsel on using the new Defend Trade Secrets Act of 2016 (DTSA), examine the key sections, and compare it with the Uniform Trade Secret Act and state trade secret laws. The panel will offer best practices for IP attorneys going forward under the DTSA.
Outline
- Overview of important sections of the DTSA
- Differences between Uniform Trade Secret Act (which almost all states use in some form) and the DTSA
- Effect on state trade secret laws and causes of action
- Changes required in agreements and policies with employees, contractors and consultants
- Best practices under the DTSA
Benefits
The panel will review these and other key issues:
- What factors should IP counsel consider when evaluating whether to seek trade secret protection under state or federal law?
- What are the differences between the DTSA and the Uniform Trade Secret Act? What impact with the DTSA have on state laws?
- What steps should IP owners and counsel take to leverage the new DTSA?
Faculty
John M. Augustyn
Shareholder
Leydig Voit & Mayer
John Augustyn successfully represents clients in high stakes intellectual property litigation, agreements, client... | Read More
John Augustyn successfully represents clients in high stakes intellectual property litigation, agreements, client counseling, and prosecution. Leveraging his prior experience in management and as an engineer at Fortune 100 companies, John understands that IP and business issues require creative and cost effective legal solutions. He has authored several articles and chapters for books, has appeared on multiple television and radio programs, has taught law school classes, and has provided over 30 CLE programs to thousands of corporate and outside counsel. His legal success has been recognized by selection to Best Lawyers, Super Lawyers, IAM Patent 1000, Top 100 High Stakes Litigators, Fellow to Litigation Counsel of America, and other honors. Please click on his photo above for more information.
Litigation
John has been lead counsel in patent and trade secret litigations throughout the country at the trial and appellate levels. He also has been lead counsel in Post Grant proceedings at the USPTO and coordinated post grant proceedings in other countries. In addition, he has litigated cases at the International Trade Commission. His litigation experience has involved several areas, including electronics, magnetics, sensors, control systems, medical devices, automotive, and consumer products.
Opinions
John counsels and renders opinions on patent infringement and invalidity including major product launches in competitive patent landscapes. These opinions often involve large patent families with multiple US patents and with existing litigations and patent office proceedings throughout the world.
Patent Prosecution
He has extensive experience in formulating patent strategies and managing patent portfolios. John manages the US and non-US patent prosecution for several international corporations. He has prepared or supervised the preparation of over 1000 US original patent applications and oversaw the prosecution of over 3000 non-US patent applications.
Due Diligence
John performs due diligence for mergers and acquisitions. The due diligence involves an analysis of the patents, trademarks, trade secrets, licenses, agreements, products, services, manufacturing processes, software, marketing, and standards by standard setting organizations.
IP Agreements
He successfully negotiates and prepares agreements relating to well-known products and brands for both the seller/ licensor and the buyer/ licensee, including patent licenses, technology licenses, trade secret agreements, joint venture agreements, trademark agreements, and research and development agreements.
Trade Secrets
John advises clients on trade secret matters including: litigating trade secret cases, negotiating trade secret agreements, advising clients on the best techniques for protecting their trade secrets, and helping clients decide whether to use trade secret versus patent protection.
Steven M. Auvil
Partner
Squire Patton Boggs
Mr. Auvil leads the firm’s Intellectual Property & Technology Practice Group’s litigation practice in... | Read More
Mr. Auvil leads the firm’s Intellectual Property & Technology Practice Group’s litigation practice in the U.S., and his practice is focused on litigation of IP disputes. As an engineer and patent lawyer, he has been exposed to a wide variety of technologies including control systems, power electronics, and complex mechanical systems and software. While Mr. Auvil’s practice focus is in litigation, he has considerable non-litigation experience, including counseling clients on IP matters and negotiating agreements that involve IP.
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