The seeds of invention often require protection from the weather of today’s global competition. Carstens & Cahoon, LLP offers both the legal and technical insight needed for your intellectual property to prosper and grow. We are intellectual property attorneys dedicated to helping our clients protect their ideas so they can thrive in any environment.
With the recent attention by the U.S. Congress and the U.S. Supreme Court to patent issues, the value of the IP protected as a trade secret may not be receiving the attention it deserves. Various studies have suggested that the value of IP protected as a “trade secret” (such as the recipe for Coke) greatly exceeds the value of IP protected by patents. Importantly, the protection afforded a trade secret lasts forever (or at least as long as the trade secret remains confidential); whereas the length of protection for a utility patent is generally 20 years from the earliest effective filing date for patent applications filed on or after June 8, 1995.
When a lawsuit is filed, a plaintiff must provide the factual and legal basis for the claims to avoid the case being dismissed. How much detail must be provided was arguably changed significantly by a pair of U.S. Supreme court decisions, Twombly and Iqbal, decided in 2007 and 2009, respectively. Before these two cases, the courts often repeated the rule that “a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”
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