Skilled in the Art: IBM and Microsoft Settle; K&L Gates Throws Down
IBM's lawsuit against its former diversity officer set off debate over whether diversity hiring efforts can be considered trade secrets. So, which company came out ahead?
March 06, 2018 at 09:36 PM
3 minute read
Welcome to Skilled in the Art. I'm Law.com IP reporter Scott Graham, and this week I'm wondering what would happen if I joined BNA and started a newsletter called PHOSITA. Hypothetically! As you'll see, I've got trade secrets and non-competes on the mind this week. I've also got an update on Finjan's patent settlement with Symantec and Apple's patent win over a very active NPE. As always, email me tips on anything IP and find me on Twitter @scottkgraham.
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|IBM, Microsoft Call Off the Dogs on Diversity
split the baby in a trade secrets dispute IBM v. McIntyre set off a vigorous debate in the IP and employment bars considered a protectable trade secret Just as important was the debate over whether it should be. Winston & Strawn's Kathi Vidal "siloing" ideas to advance diversity Venkat Balasubramani of Focal PLLC told GeekWire IBM never missed a chance to remind everyone that Microsoft is facing a high-profile gender diversity class action maintain confidentiality From the law perspective, I'm counting this as a slight win for IBM generally disfavors Paul, Weiss, Rifkind, Wharton & Garrison Bob Atkins From the real world perspective, I give the W to Microsoft Orrick, Herrington & Sutcliffe Mike Delikat Morgan, Lewis & Bockius Keker, Van Nest & Peters IP partner Warren Braunig unsatisfying from the litigator's perspective
|
Who Got the Work?
K&L Gates The dispute: Richard Rizika they'd spent the previous month setting up a competing company called Beta Retail. Rizika invited four other CBRE employees to his home for a presentation U.S. District Judge Michael Fitzgerald The attorneys: Christina Goodrich Kacy Dicke Victor Fu Albert Liou LKP Global Law
|
Finjan Deal Could Be Worth $110 Million
I reported Finjan Inc. Symantec subsidiary Blue Coat Systems now it's official: Avast Avira FireEye Sophos Veracode Palo Alto Networks, ESET, Cisco Systems, Sonicwall, Bitdefender, Juniper Networks Zscaler 6,154,844 patent Kramer Levin Naftalis & Frankel mentioned last week |
Apple Crunches Two NPE Patents
Personalized Media Communications Apple, Samsung, Amazon Marcus Sernel, Joel Merkin, Eugene Goryunov, Gregory Arovas Alan Rabinowitz That's all of Skilled in the Art for this week. I'll be back Friday with a special post- Section 101 edition.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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