Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Law

The Dtsa At One: An Empirical Study Of The First Year Of Litigation Under The Defend Trade Secrets Act, David S. Levine, Christopher B. Seaman Jan 2018

The Dtsa At One: An Empirical Study Of The First Year Of Litigation Under The Defend Trade Secrets Act, David S. Levine, Christopher B. Seaman

Scholarly Articles

This article represents the first comprehensive empirical study of the Defend Trade Secrets Act (“DTSA”), the law enacted by Congress in 2016 that created a federal civil cause of action for trade secret misappropriation. The DTSA represents the most significant expansion of federal involvement in intellectual property law in at least 30 years. In this study, we examine publicly-available docket information and pleadings to assess how private litigants have been utilizing the DTSA. Based upon an original dataset of nearly 500 newly-filed DTSA cases in federal court, we analyze whether the law is beginning to meet its sponsors’ stated goals …


The Past, Present, And Future Of The U.S. Patent System, Megan M. La Belle Jan 2018

The Past, Present, And Future Of The U.S. Patent System, Megan M. La Belle

Scholarly Articles

This essay discusses the evolution of the U.S. patent system over the past decade. It explains how various rules established by the U.S. Court of Appeals for the Federal Circuit, the appellate court with exclusive jurisdiction over patent cases, created an environment that heavily favored patent owners and disadvantaged accused infringers. In response, Congress and the courts set out to reform our patent system and implemented a host of changes, most notably the passage of comprehensive legislation known as the America Invents Act (AIA) in 2011. Since the AIA, the patent system in the U.S. has certainly changed. Indeed, some …