Patent Litigation Tip – Counterclaim for Declaratory Judgement

Although patent infringement cases are trending more towards sanctioning frivolous complaints, these remedies typically are only available after discovery on the merits or, in some instances, an enlarged scope of satellite litigation. If a responsive pleading to the complaint does not lodge a counterclaim for declaratory relief on at least the issue of invalidity, sufficient evidentiary bases for such sanctions may be lacking.

Trade Secret Primer – Something New, Some Other Things Old

Given last week’s 410-2 House vote for the Defend Trade Secrets Act (DTSA), the new federal based, private civil cause of action has now passed both the House and Senate and is headed to President Obama for his expected signature. Before the DTSA becomes law, it is an appropriate time to review existing various state trade secret rights which will also be available to potential parties who might qualify for the civil remedies these laws provide.