• Who Let the State Legislatures Out?

    What do you do if someone misappropriates confidential information that is not deemed (ultimately by a court, when push comes to shove in such matters) a trade secret?  Well, depending upon what state in the U.S. has jurisdiction in your case, y…
    Steve McDaniel & Jon Hurt 12.18.15

  • Tying and Bundling - Nice For Your Holiday Giving, Not so Much When You’re Licensing Your IP

    You’ve developed a cool new additive for a broad spectrum of coatings – even those coatings outside your own “wheelhouse” coatings.  Happens a lot, right?  In order to maximize the return on your R&D investment b…
    Steve McDaniel, Technology Litigators 11.13.15

  • Additives

    Many Secrets Disclosed Unless Smartly Done!

    Regulations, regulations, and more regulations.  Though we don’t claim to be experts in untangling and reading government red tape, we’ve done so now and then to keep up to date in our business dealings.  And part of that is dra…
    Steve McDaniel, Technology Litigators 09.21.15

  • The Hot Potato – Handling Someone Else’s Trade Secret

    If you find yourself inadvertently in possession of someone else’s trade secret that you are accused of misappropriating, what are your options to defend yourself?  As always, it is circumstance specific.  Your first defense agains…
    Steve McDaniel and Jon Hurt , Technology Litigators 07.20.15

  • Death, Taxes, Trade Secrets and Other Certainties

    Since many of you like to take the extension to file taxes these days (we did), and you have a little time to prepare for next April, now is a good time as any to apply the “early bird gets the worm” strategy should any of the following i…
    Steve McDaniel and Jon Hurt , Technology Litigators 06.17.15

  • Business Operation

    Several Shades of Grey: Who Owns The Trade Secret - The Creator or the Employer?

    You want the best most innovative people to work for you.  Sure you do.  You hire them for their specialized expertise in your field of technology.  They are the ones that develop your proprietary technology – your trade secrets.…
    Steve McDaniel and Jon Hurt, Technology Litigators 04.17.15

  • The Secret about Trade Secrets (In Europe)

    Just in time for the European Coatings Show, we finally get around to focusing on protecting your “crown jewels” trade secrets in the EU. So here goes... In the continuing efforts to harmonize trade secret laws and regulations across na…
    Steve McDaniel and Jon Hurt, Technology Litigators 03.25.15

  • Business Operation

    Going to Court: Hard Spots and Rocks!

    Civil court is a double-edged sword that can cut you pretty badly when trying to keep your trade secrets actually Secret.  You can go to court specifically to stop use or disclosure of your proprietary information, or even for some reason not re…
    by Steve McDaniel and Jon Hurt , Technology Litigators 02.23.15

  • Business Operation

    What the FOIA! Freedom of Information Act vs. Secrecy of Your Trade Secrets

    Ahh, the glory of a transparent government.  Everyone can find out what is being done in an open manner when the taxpayers’ dollars are being spent.  That’s a good thing, unless it involves your trade secrets. One way this can…
    Steve McDaniel and Jon Hurt, Contributing Writers 12.15.14

  • International Trade Commission – Your "Hometown Sheriff" in the Unfair Foreign Competition Shootout

    You have decided to expand your coatings business globally.  Good idea.  You have dutifully read all the iPaint articles published in Coatings World for the last two years regarding building a Wall around your company’s intellectual p…
    Steve McDaniel and John Hurt, Contributing Editors 10.20.14

  • Trusting Your Trade Secrets to "Lucky" the Dragon

    Chinese art and cultural beliefs have been dominated by dragons for thousands of years.  The Han Dynasty scholar Wang Fu, sometime between 206 B.C. and A.D. 220, described precisely the complex characteristics of a Chinese Dragon: • Camel h…
    Steve McDaniel, JD, PhD, Contributing Editor 09.23.14

  • Pigments

    Welcome Back, For the New Season of the Made-for-CW Drama, iPaint

    Overly dramatic? OK, look, I’ll admit it. I am a made-for-TV drama addict.  I can’t wait for the next superstars to populate True Detective, or to see how Red is gonna battle Vee’s contraband prison gang on Orange is the New B…
    Steve McDaniel, JD PhD, Contributing Editor 07.07.14

  • All Good things...Must Come to an End...Unless They're Really Good, Like You Know, Chocolate

    The year in review.
    Steve McDaniel, Beth McDaniel and Jn Hurt, Technology Litigators 12.11.13

  • Hacked Off!

    Whatever you do, take measures to lock up your sensitive information.
    Steve McDaniel, JD, PhD, Technology Litigators 10.23.13

  • Covering the IP Bases with Different Types of Patent Claims

    Once in a while, you may decide to try to turn your trade secret coating formulation into a patent despite the various issues (e.g., sluggish time to issuance, appeal or filing a request for continued examination) previously discussed in this series.…
    John D. Hurt and Steve McDaniel, Technology LItigators 08.13.13

  • Going back to College for a Trade Secrets Graduate Degree

    Don't take IP from the University, give it to them
    Steve McDaniel, Technology Litigators 06.06.13

  • The Greatest Trade Secret Heist the World Has Ever Known?

    So, can a trade secret thief benefit from his heist and walk away totally unscathed? Oh yeah. Can the scoundrel make a ton of money from it right under the nose of the rightful owner? You bet. Does society sometimes even reward the rogue for his stic…
    Steve McDaniel, Technology Litigators 04.01.13

  • Non-Compete Agreements – One Size Does Not Fit All

    Non-competition.  The very term seems un-American.  In this country, we are all about competition, free, unfettered, plain old American competition.  Right?  Right.  That pretty much sums up the same attitude that the America…
    Beth McDaniel & u2028Steve McDaniel, JD, PhD, Technology Litigators 03.01.13

  • How to Make a Buck or Two from Licensing Your Trade Secrets

    All right, you’ve spent the time and money to create and guard your trade secrets from misappropriation.  Wonderful!  But your business model is at least partly based on others paying you to use your trade secrets.  Perhaps you h…
    by Jonathan D. Hurt and Steve McDaniel, Technology Litigators 02.07.13

  • How Much Is That Trade Secret Worth?

    The law imposes a “value” standard on trade secrets.  A trade secret is valuable (in one rendition of such laws) and thus protectable if it gives its owner “an opportunity to obtain an advantage over competitors who do not know…
    Steve McDaniel, Technology Litigators 01.15.13