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— Hayan Yoon In two 2019 rulings , the Federal Circuit invoked the “written description requirement” of 35 U.S.C. § 112 to require evidentiary support for therapeutic efficacy. Now that the Supreme Court has declined to hear one of those cases, “written description” will continue to present a hurdle to patentability, in addition to the utility and enablement requirements. Litigation-Proofing Your Trade Secrets: Practical Steps to Ensure They’re Enforceable in Court — Robert Counihan and Jedediah Wakefield Trade secret litigation is on the rise, and new case law related to enfor...

To embed, copy and paste the code into your website or blog: Trade secret litigation is on the rise, and new case law related to enforceability has broad implications for how companies protect information that they consider to be trade secrets. The Lex Machina 2020 Trade Secret Litigation Report (request the report here) traced the rising litigation trend to 2016, when the Defend Trade Secrets Act (DTSA) was passed. The law has allowed claimants to file trade secret cases directly in federal court when there is a connection between a trade secret and interstate or foreign commerce. Since the...