• IP BLAWG

    Tick, Tick, Statute of Limitations

    Beverly A. Berneman
    11/30/21

    In Brief:  Pay attention and act fast or you may blow the statute of limitations.

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  • IP BLAWG

    Trade Secret Food Fight

    Beverly A. Berneman
    2/9/21

    In Brief:  Always investigate when a new hire says they own proprietary information.

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  • IP BLAWG

    If You See Something, Say Something Fast

    Beverly A. Berneman
    7/24/19

    CMI knew (or should have known) that Iowa Parts was manufacturing competing replacement parts. Iowa Parts made no secret of it (pun intended). Then in 2016, Iowa Parts lowered its prices and cut deep into CMI’s revenues. That’s when CMI sued for misappropriation of trade secrets under the Defend Trade Secrets Act (“DTSA”).

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  • IP BLAWG

    Trade Secret Judgment Crashes in Bankruptcy Court

    Beverly A. Berneman
    7/9/19

    TKC thought it had a slam dunk. It had two judgments for trade secret misappropriation. But, bankruptcy is a whole new world. Bankruptcy is designed to give a debtor a fresh start. So non-dischargeability of a debt is strictly construed. TKC’s result can be avoided. A plaintiff can lay the groundwork for non-dischargeability if the defendant happens to file bankruptcy.

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