Bonum Certa Men Certa

Can Trade Secrets Litigation Replace (in Part) Patent Litigation?

Recent: Number of US Patent Lawsuits Was More Than 50% Higher Half a Decade Ago

Patent Lawyers' Tears
Patent Lawyers' Tears



Summary: Seeing DTSA as an opportunity to combat their competition, more firms now choose to file trade secret cases whereas patent cases continue their sharp decline

WHEN IT comes to software (code), there are copyrights, but there are no patents. Those that get granted rarely survive a court's challenge or a board's scrutiny (this is scarcely explored in the EU, but very visible in the US). Don't expect European Patents on software to be of much use, even if the EPO grants some (a disastrous residue of Battistelli's trashing of the Office).



"Patents are about publication, whereas secrecy is about concealment of one's work."When it comes to software copyrights, or even copyleft, legal action can be taken in cases of plagiarism. If the code is secret, which is often the case, plagiarism is prevented in part by secrecy. Patents are about publication, whereas secrecy is about concealment of one's work.

After the sharp decline in patent lawsuits there might be a shift in strategy in the US, reducing the role of patent courts and the USPTO. More trade secret disputes to come? We recently wrote about a rise of such cases and associated damages. Professor James Bessen told me that "FEDERAL trade secret litigation is up because there is a new Federal law; but trade secret & noncompete litigation has been rising for a decade..."

"Well, secrecy is far from ideal; in fact, publication in exchange for monopoly (patent) is often better, but not in the domain of software."Mind Camilla Alexandra Hrdy's very long new blog post/paper on the subject, Watchtroll's take from Robert Williams, and Managing IP summary. "A Lex Machina report reveals trade secret case filing figures after passage of the DTSA, as well as the largest ever damages awards and top plaintiff and defendant law firms," it says.

"US trade secret case filing jumped 30% in 2017," the headline says.

Well, secrecy is far from ideal; in fact, publication in exchange for monopoly (patent) is often better, but not in the domain of software.

Recent Techrights' Posts

Technology: rights or responsibilities? - Part VIII
By Dr. Andy Farnell
GNU/Linux Reaches All-Time High in Europe (at 6%)
many in Europe chose to explore something else, something freedom-respecting
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
 
BetaNews is Run and Written by Bots That Make Clickbait
At least one author is doing this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 24, 2024
IRC logs for Sunday, November 24, 2024
Gemini Links 25/11/2024: Purity and Cory Doctorow's Ulysses Pact, Smolnet Portal and SGI
Links for the day
Patents Against Energy Sources That Reduce Pollution
this EV space (not just charging) is a patent mine field and it has long been that way
DARPA’s Information Innovation Office, Howard Shrobe, Values Compartmentalisation But Loses the Opportunity to Promote GNU/Linux and BSDs
All in all, he misses an opportunity
Wayland is an Alternative to X
the alternative to X (as in Twitter) isn't social control media but something like IRC
BetaNews, Desperate for Clicks, is Pushing Donald Trump Spam Created by LLMs (Slop)
Big clap to Brian Fagioli for stuffing a "tech" site with Trump spam (not the first time he uses LLMs to do this)
[Meme] Social Control Media Bliss
"My tree is bigger than yours"
Links 24/11/2024: More IMF Bailouts and Net Client Freedom
Links for the day
Gemini Links 24/11/2024: Being a Student and Digital Downsizing
Links for the day
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular
Links 23/11/2024: Press Sold to Vultures, New LLM Blunders
Links for the day
Links 23/11/2024: "Relationship with Oneself" and Yretek.com is Back
Links for the day
Links 23/11/2024: "Real World" Cracked and UK Online Safety Act is Law
Links for the day
Links 23/11/2024: Celebrating Proprietary Bluesky (False Choice, Same Issues) and Software Patents Squashed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day