John WhiteCooper & Dunham LLP, New York
James PooleyOrrick, Herrington & Sutcliffe LLP, Silicon Valley
Trade Secrets a Year After the DTSA and the EU DirectiveThe federal Defend Trade Secrets Act and the EU Trade Secrets Directive came into effect within weeks of each other last year. The DTSA has since raised challenging questions about extraterritorial application, injunctions against departing employees for threatened misappropriation, and the practical effect of Congress’ grant of immunity to whistleblowers. Meanwhile the EU Directive remains a work in progress, as Member States confront significant gaps between its requirements and those of TRIPS.
Annsley Merelle WardBristows LLP, London
Is the “bad” patent bargain paving the way for trade secrets?With increasing frequency, commentators are suggesting that trade secrets may overtake patents as the “go to” right to effectively protect R&D. But is this true? With reference to IP philosophy, filing practice and litigation trends, this talk will examine whether and why trade secrets are overtaking patent protection and, if so, whether this trend calls into question the value of the patent system.