1 TRADE SECRETS by Claire andEmmaWiner Laporte Professionals A GuidebookforTechnical and Trade Secrets

Contents

Introduction...... 2

Chapter 1 What Is a Trade Secret?...... 4

Chapter 2 Trade Secrets Versus ...... 6

Chapter 3 Keeping Trade Secret Information Secret...... 11

Chapter 4 What is Trade Secret ?...... 18

Chapter 5 Bringing a Trade Secrets Case; Remedies...... 19

Chapter 6 The Flip Side: How to Stay Clear of Other Parties’ Trade Secrets.....23

Conclusion...... 24

About Foley Hoag LLP...... 25

Claire Laporte...... 25

Emma Winer...... 26 Trade Secrets A Guidebook for Technical and Business Professionals by Claire Laporte and Emma Winer

Introduction

Trade secrets can be a valuable component of an intellectual (IP) portfolio, whether as a complement to patents or as an alternative. Trade secrets are fundamentally different from patents and must be protected in fundamentally different ways. Trade secret protection is available for a broad array of information for which patents are not available. Conversely, some cannot be protected as trade secrets but can be patented.

Although trade secret protection can provide an economical and effective means to protect a company’s information, it is critical to act prospectively to preserve trade secrets. Taking precautions with employees, vendors, and business partners now can avoid costly losses in the future.

In 2016, Congress passed a new federal law governing trade secrets: the Defend Trade Secrets Act of 2016 (DTSA). This statute creates a new federal civil cause of action for misappropriation of trade secrets. It supplements, rather than

2 3 TRADE SECRETS undertaken to assess any particular situation. toassessanyparticular undertaken of tradesecrets. Itisnotasubstitutefortheanalysisthatmustbe This publicationisintendedtoprovide generalguidanceonthelaw to another. preempts, statetradesecret laws,whichvaryfrom onejurisdiction TRADE SECRETS 4

(A) the owner thereof has taken reasonable measures to measures has taken reasonable (A) the owner thereof and keep such information secret; (B) the information derives independent economic value, not being generally known to, actual or potential, from proper ascertainable through and not being readily all forms and types of financial, business, scientific, technical, all forms and types of financial, including patterns, economic, or engineering information, devices, formulas, , plans, compilations, program procedures, methods, techniques, processes, prototypes, or intangible, and or codes, whether tangible programs, or memorialized physically, compiled, whether or how stored, or in writing if— photographically, graphically, electronically, What Is a Trade Secret? Is a Trade What In the past, trade secrets were protected principally under state protected were secrets In the past, trade a version of the Uniform Trade All but two states have adopted law. versions differ because those slightly Act (UTSA). However, Secrets is a misnomer. state to state, “Uniform” from empowered passed the DTSA, which In 2016, Congress their proprietary sue partiescompanies to misappropriate that amends the Economic Act information. The DTSA, which consistent with in a way that is broadly (EEA), defines trade secrets the DTSA supplements state-law the UTSA. The passage of for trade secrets. protections as: DTSA, defines trade secrets The EEA, as amended by the Chapter 1 Chapter 5 TRADE SECRETS protection: Examples ofinformationthatdoesnot qualifyfortradesecret protection: Examples ofInformationthatcanqualifyfortradesecret Some jurisdictionsalsorequire thatthetradesecret beincontinuous use. that atradesecret is: Whether undertheDTSAorstatelaw, thekeyfactorsare • • • • • • • • • • • • • • Abstract ideasorgoals General industryskills andknowledge Supplier lists Customer listsorcompilationsofinformation Software source codeandoveralldesign Business information(e.g.,businessplans,budgets,forecasts) Ingredient formulasandrecipes Pre-clinical orclinicaldata New product conceptsordesign Manufacturing drawingsandmethods Scientific data tomaintainitssecrecy.The subjectofreasonable efforts Economically valuablebecauseitisnotknown;and Not generallyknowntothepublic(orinrelevant industry); value from thedisclosure oruseoftheinformation…. means by, anotherpersonwhocanobtaineconomic

TRADE SECRETS 6

Publicly available information Publicly • Trade Secrets Versus Patents Versus Secrets Trade Just because a company considers information a secret does not does secret information a considers a company Just because secret as a trade that information that a courtguarantee will recognize the often focus on whether lawsuits secret Trade under the law. it was and, if so, whether in fact a trade secret information is can discussed in this publication taken. Several steps wrongfully trade secret. information will qualify as a the likelihood that increase Trade secrets and patents are both , but they both intellectual property, and patents are secrets Trade the table below. summarized in differ in key ways that are Patents at a Glance Versus Secrets Trade Chapter 2 7 TRADE SECRETS words, acompetitor canobtainacompany’s product ontheopen The lawpermitsreverse engineering ofatradesecret. Inother Trade Secrets CanBeReverse Engineered practice thepatentedinvention. twenty yearsafterfiling).Onceapatent expires, anyonecan In contrast,patentsexpire afterasetnumberof years(typically, remains secret. benefit from tradesecret protection for solongastheinformation A tradesecret needneverexpire. Thetradesecret ownercan Trade Secrets Are ofPotentiallyIndefiniteDuration publication occurs,thetradesecret ceasestoexist. their patentapplicationsorpatentsare published.Oncethe Many companiesmaintaintheirinventionsastradesecrets until the bestmodeforpracticinginvention. detail toenableotherspracticeit.Aninventormustalsodisclose application mustdescribetheinventionandprovide sufficient filed, andpatentsare publishedaftertheyare granted.An applications are typicallypublishedeighteenmonthsaftertheyare temporary monopolyontheinvention.InU.S., price theinventorpaysinexchangeforgovernment-granted Patents, incontrast,are public.Indeed,publicdisclosure isthe the protectability ofthesecret. secret. Anydisclosure ofthedetailsatradesecret maydestroy To benefitfrom protection, court tradesecrets mustbekept Trade Secrets MustBeSecret TRADE SECRETS 8 market, take it apart,market, use that it works, and how determine to compete. information an Therefore, patented product. a legal to reverse-engineer It is not with a better protected is is easy to reverse-engineer invention that a trade secret. patent than as on a contract basis. provided are products One caveat: some clauses in had some success in incorporating Companies have engineering reverse that prohibit for these products their contracts disassembling the product. even prohibit in some cases, or, Patents Exists Immediately Whereas Protection Secret Trade A Through Issued After An Administrative Process Are Government Agency any application being filed with any can exist without A trade secret the and it may exist and have value from government body, on the other hand, an get a patent, To moment it is created. United States Patent and inventor must apply to the can application process equivalent. The patent Office or a foreign take several years. Non-exclusive Are Secrets Trade so long as trade secret owners can use the same Many different legitimate means, such as through each one arrives at the secret patent has independent development. In contrast, the holder of a the exclusive right to practice the patented invention. of For example, assume Company A develops a method manufacturing computer chips that gives it a competitive Company B independently develops advantage. Several years later, the same method. If Company A has a patent, it can prevent 9 TRADE SECRETS being generallyknown. There are oftendisputesintradesecret and mustdemonstrate thatthesecret ofnot hasvaluebyvirtue taken reasonable measures tomaintainthesecrecy ofthesecret in fact,atradesecret. To dothat,theownermustshowthatithas to prove thattheinformationitthinkshasbeenmisappropriated is, claimingtheexistenceofatradesecretTIn alawsuit,theparty has Case? and HowDoesThatProof From Differ aPatentInfringement How DoYou Prove ThatYour InformationIsATrade Secret, as theyremain secret. inventions canalsobekeptastradesecrets –butonlyfor solong not workinatechnicalfieldcanalsobetradesecret. Of course, may allbekeptasatradesecret. Informationaboutthingsthatdo manufacturing techniques,customerlists,andfinancialinformation trade secret eventhoughitisnotaninvention.Businessplans, company businessinformationthathascompetitivevaluemaybea information canbekeptasatradesecret. Forexample, sensitive inventions canbepatented,butmanykindsofideasand Trade secrets cancoverinformationthatisnotpatentable.Only Trade Secrets CanCoverInformationThatIsNotPatentable it. Thatcompanycouldthentrytoenforce itspatentmonopoly. company canindependentlydevelopthesameinventionandpatent One riskofrelying ontradesecret protection isthatanother and independently. method solongasCompanyBdevelopedthelegitimately as atradesecret, itcannotprevent CompanyBfrom usingthe Company Bfrom usingitsmethod.IfCompanyAkeptmethod

TRADE SECRETS 10 lawsuits about how the trade secret should be defined and what its what and defined be should trade secret the how about lawsuits is. scope the owner must trade secret, it owns the that to proving In addition trade secret. the other party that the misappropriated also prove the other party that either disclosed that involves proving Usually, or used it for its own benefit. the trade secret to those in a patent similar litigation are trade secret The issues in a patent-holder to prove Although it is easy for infringement case. serious disputes are almost always patent, there that it owns its of a patent. A about the scope and validity plaintiff other party must also show that the making, using, is selling, or importing the patented . 11 TRADE SECRETS Chapter 3 easier to defend your trade secrets effectively and efficiently if you easier todefendyour tradesecrets ifyou andefficiently effectively ofsecurityisadvancedplanning.It much Thus, acriticalpart to keeprecordsalso important ofwhendisclosures were made. maintained asatradesecret untilthemomentofdisclosure. Itis pieceofinformationwas toestablishthataparticular be important destroys atradesecret asofthe dateofthedisclosure. Thus,itcan scientific meetings.Publicationorpublic presentation completely or scientificjournals.Companiesalsodisclose informationat whether formarketingpurposesorinpublished patentapplications Many technologycompaniespublishinformationabouttheirwork, nondisclosure agreement maydestroy atradesecret. unprotected disclosure toathird withoutanappropriate party electronic security, toprotect theinformation.Anyvoluntary, and thenature andextentofsecurityprecautions, including “need-to-know” restrictions oninternaldisseminationofinformation; nondisclosure agreements; controls overinformationflow, suchas turns oncomplexfactualconsiderationsincludingtheparty’s useof usually hasmadereasonableThe questionwhetheraparty efforts consider thesecuritymeasures reasonable. grow, securitymustkeeppaceinorder to foracourt Reasonableness isdeterminedonacase-by-casebasis.As tomaintainitssecrecy.must bethesubjectofreasonable efforts For informationtobeprotected asatradesecret, theinformation Information Secret Keeping Trade Secret

TRADE SECRETS 12 Written nondisclosure agreements with employees, agreements Written nondisclosure or contract partiescontractors, consultants, how specifying information should and trade secret confidential, proprietary, be handled and used; some states that are there Depending on the state – because agreements; upon this – written non-competition frown access systems; Setting up need-to-know information (e.g., keeping unauthorized access to information Preventing or cabinets; restricting rooms paper documents in locked putting is stored; information access to locations where electronic on computer files; keeping restrictions password users have accessed information; access logs to show what possible unauthorized entry into automated monitoring to flag activity by authorized users); computer systems or unusual agreements and nondisclosure Sign in/sign out procedures for visits to your facilities; trade secret Educating employees about the company’s policies; trade documents that contain Marking physical and electronic information as confidential; secret • • • • • • • develop a security strategy ahead of time. An important ahead a security strategy develop part of is a trade what information through strategy is thinking such a they information about what think in advance Owners who secret. court better chance of getting stand a much want to protect loss in the first place information − – and of preventing protection to arise. that wait for problems than companies Reasonable Precautions Examples of 13 TRADE SECRETS recoup from thecost ofdesign.Unfortunately atradesecret a clientcompany’s packagingforfree andrelied onfuture orders to different products. ofitsbusinessmodel,Incase designed Aspart Incase,wasinthebusinessofdesigning packagingfor plaintiff, In precautions wasabletoprotect itsinvestment their information,butonlythecompany that tookreasonable from theoutset.Bothcompanieshadinvestedmoneyindeveloping control ofitsinformationbecauseittookreasonable precautions precautions toprotect it.Inthesecondcase,vendorkept control ofitsinformationbecauseithadnottakenreasonable hopes ofgeneratingbusiness.Inthefirstcase,vendorlost vendor companiesdisclosedinformationabouttheirproducts inthe precautions tokeepacompany’s informationsecret. Inbothcases, Two oftakingreasonable casesillustratetheimportance Case Studies authorization. someone isattemptingtouseconfidentialinformationwithout makes iteasiertoseekprotection from ifitappearsthat acourt Taking thesesteps notonlyhelpsprotect tradesecrets, italso • • Incase Inc. v. Timex Corp. Timex v. Inc. Incase disclose tradesecrets. communicate withthird toensure parties thattheydonot Training forsalesforce andotheremployeeswho privatenetwork);and a virtual working onconfidentialinformationfrom homeexceptthrough downloading informationtoflashdrives;prohibitions against authentication forremote access;prohibitions against Implementing acomputersecuritypolicy(e.g.,multifactor , 488F.3d 46(1stCir. 2007),the TRADE SECRETS 14 TouchPoint Solutions, Inc. v. , 345 F. Supp. 2d 23, 29 (D. Mass. 2004). , 345 F. with the second case, Incase standpoint, Incase provided the packaging designs to potential to potential designs the packaging Incase provided standpoint, In this particular attached. with no strings customers case, Timex but fewer Incase, watches from for its some packages ordered learned that Timex Incase expected. When Incase packages than the Incase- to create a Philippine company hired had subsequently sued Timex. After a at a lower cost, Incase designed packaging the appeals courtlengthy lawsuit, Incase had ruled that because the of its , the secrecy to protect taken no precautions not liable for trade Timex was a trade secret. design was not design with packaging for using Incase’s misappropriation secret the other vendor. Contrast Eastman Kodak Co. There, TouchPoint entered into negotiations with Kodak to sell into negotiations with entered TouchPoint There, TouchPoint kiosks. Before for use in digital picture software the technology to its customer, disclosed information about Agreement Disclosure and Kodak signed a Confidential TouchPoint labeled information as if TouchPoint to the CDA, (CDA). According TouchPoint also it as such. treat confidential, Kodak was to that all information concerning agreement explicit obtained Kodak’s would be confidential. the software information in When Kodak tried to use some of TouchPoint’s was able to win a TouchPoint developing its own software, using the information. Kodak from preventing preliminary not fit Even though the information that Kodak tried to use did within the information defined in the CDA, the court precisely had taken injunction because TouchPoint granted the preliminary the information. This included to protect precautions reasonable 15 TRADE SECRETS leaves, the employershouldhold anexitinterview andremind the employees are promoted tonewpositions.Whenanemployee helpful todiscussit during employeeorientation,includingwhen To ofanondisclosure enhancetheeffectiveness agreement, itis more toprotect difficult asatradesecret. confidence. Informationdisclosedwithout suchanagreement is the obligationofemployeetohold informationin confidential information,theexclusions to whatisconfidential,and the fulltermofemployee’s employment.Itshoulddefinethe nondisclosureemployment. Aneffective agreement shouldcover the employer’s tradesecrets withothersduringorafter nondisclosure agreements toensure thatemployeeswillnotshare Most companiesshouldrequire theiremployeestosign remedy ifsuchinformationisimproperly disclosed. protecting anowner’s tradesecret informationandprovide alegal non-competition agreements. Theseagreements are usefulfor nondisclosure agreements, inventionassignmentagreements, and useful toprotect tradesecrets anddeservespecialattention: Three typesofagreements withemployeescanbeparticularly Employee Agreements toProtect Trade Secrets enforce itsrightseffectively. ahead abouttradesecret protection, TouchPoint wasableto reachedinjunction, theparties asettlementagreement. Bythinking made inconfidence.After TouchPoint wonthepreliminary TouchPoint representatives reiterate thattheirdisclosures were to monitortheflowofconfidentialinformation;andhaving password protecting thesoftware server;assigningagatekeeper information concerningthesoftware wouldbeconfidential; entering intoaCDA;obtainingKodak’s explicitagreement thatall TRADE SECRETS 16 employee of any obligations under the agreement. Such an Such the agreement. under of any obligations employee violation of the a to later prove the foundation can also lay interview logs of to check also be prudent It may agreement. nondisclosure for departingcomputer activity confirm that the employees, to downloading of not engaged in unauthorized employee has material. confidential invention employees to sign should also require Most companies of transfer These agreements assignment agreements. an employee In the event that to the employer. employee inventions of an employer after leaving the uses confidential information an additional mechanism provides an agreement such employer, made by the over inventions for asserting ownership and control but then taken by the departingemployee during employment some or business. Notably, employee to a new employer on the scope of these jurisdictions place some restrictions counsel to determine an and so it is helpful to consult agreements, templates. your agreement acceptable scope to put in helpful to have a non-competition In some jurisdictions, it is also the prevent with employees. These agreements agreement or in the same field as the employer, working in the employee from period of time after the employee for a same geographic area, certainin are and states enforceable are agreements These leaves. these agreements not in others. The states that do not enforce on employee restriction consider them to be an unreasonable non-competition agreements, Even in states that enforce mobility. in scope, time, and geography. must be reasonable the agreement seeking other an employee from it must not prohibit In other words, a period of employment in too wide a field of business, for too long key is making sure The time, or for too wide a geographical area. 17 TRADE SECRETS “contractor” or“consultant.” notice requirement. TheDTSAdefines “employee”toincludea Hiring “consultants”insteadofemployees doesnotremove the a tradesecret, enhancedremedies butcertain will notbeavailable. in theiragreements canstillsueanemployeewhomisappropriates violation oflaw.” Companiesthatfailtoprovide therequired notice “solely forthepurposeofreporting orinvestigatingasuspected a tradesecret oranattorney inconfidencetoagovernmentofficial liability underbothfederalandstatetradesecret lawfordisclosing protections, more specifically, are immunityfrom criminalorcivil of protections availabletowhistleblowersundertheDTSA.Those relating totradesecrets orconfidentialinformationcontainanotice The DTSAalsorequires thatanyemployer-employeeagreement practice ofalawfulprofession, trade,orbusiness.” “conflict[s] withanapplicableStatelawprohibiting restraints onthe person knows.”TheDTSAalsoprohibits issuinganinjunctionthat threatened misappropriation andnotmerely ontheinformation employment, therestrictions “shallbebasedonevidenceof provides thatifanorder placesconditionsonaperson’s person from enteringintoanemploymentrelationship,” and agreements. Itrestricts orders theavailabilityofcourt to“prevent a respecting thediversestateapproaches tonon-competition The DTSAcontainsprovisions protecting employeemobility, while and isnotmerely ahardship fortheemployee. that theagreement protects thetradesecret owner’s information TRADE SECRETS 18 or use of disclosure broadly to include the improper to include the improper broadly misappropriation of a trade secret as well as the of a trade secret acquisition and Misappropriation adopted by various DTSA and the UTSA as Both the federal states define Chapter 4 Chapter Secret Is Trade What Misappropriation? someone else’s trade secret. Ways of improperly acquiring a trade of improperly Ways trade secret. someone else’s of breach misrepresentation, can include theft, bribery, secret a duty imposed by a nondisclosure a contractual duty (such as and a duty, breach inducement of another to agreement), A person who knows or other means. electronic espionage through by acquired was improperly secret or ought to know that a trade if he or she that trade secret someone else also misappropriates it improperly. the person who acquired it from then acquires done in violation of a contract) and (unless improper. not independent derivation are – a federal theft of a trade secret The EEA also defines outright without authorization, or obtaining crime – as stealing, taking by or deception; copying, photographing, downloading, uploading, or transmitting without authorization; and receiving, was stolen. buying, or possessing if you know that the information What Is Not Misappropriation In means. proper by The law allows acquisition of a trade secret engineering and independent development, addition to reverse 19 TRADE SECRETS owner. canalsogrant Acourt proper meansinclude: may grantan secret misappropriation underbothfederalandstate law. Acourt Two kinds of relief are availableforactualorthreatened trade “prevent thepropagation ordisseminationofthetradesecret.” seizurean exparte process “inextraordinary circumstances” to There isoneuniqueremedy availableundertheDTSA:itallowsfor secret law, becausetheDTSAdoesnot preempt statelaw. company canseektheprotection ofbothfederalandstatetrade Regardless the the perpetratorinfederalorstatecourt. ofthecourt, A companywhosetradesecrets havebeenmisappropriated cansue Remedies Bringing aTrade Secrets Case; Chapter 5 • • • • in anon-secure mannerbycompetitors. Freedom ofInformationActrequests forinformationprovided Observation oftheiteminpublicuseorondisplay; presentations atscientificconferences; Learning thetradesecret from publishedliterature or A licensefrom thetradesecret owner; injunction (a court order) (acourt toprotect thetradesecret money money –paymentsfrom TRADE SECRETS 20 Continuing to use the trade secret; Continuing to Getting an unfair head start is no even when the information and/or longer secret; to others. the trade secret Selling or otherwise disclosing • • • As discussed above, a court issue orders in some jurisdictions may knowledgeable someone to employment, such as preventing relating or for a competitor, working from trade secrets about a company’s a patent to the former a former employee to assign requiring employer. is time frame. CourtsA key issue with enter a may In trade secret. a party’s use of permanent injunction prohibiting a court later becomes public, however, the secret situations where that public using from someone might consider it unfair to prevent for a length of time Many injunctions are information forever. the any unfair advantage gained from to remove appropriate For example, someone accused of misappropriation. the injunction should last no longer might argue misappropriation secret than the time it would have taken to develop the trade independently. the misappropriator to the owner to either repair the damage done damage done the to either repair to the owner the misappropriator gains. wrongful to return the misappropriator or force to the owner Injunctions (injunctions) to a partyA court of accused issue orders may example, a court For may order secret. a trade misappropriating information. A court or electronic of confidential documents return from: the misappropriator injunction to prevent may issue an 21 TRADE SECRETS including by: money damages.Damagescanbemeasured indifferent ways, mayawardInstead oforinadditiontoaninjunction, acourt Money Damages Examples: • • • • • • • A reasonable royalty for thetradesecret information ratherthan developingitindependently money savedbymisappropriating thetradesecret Other unjustenrichment tothemisappropriator, suchasthe The profit themisappropriator gained The tradesecret owner’s lostprofits same geographicterritoryasthatcovered bythelist. company, and/orprohibit SalespersonXfrom workinginthe any copies),order SalespersonXnottousethelistathisnew couldorderquits. Acourt SalespersonXtoreturn thelist(and Company A’s customerlistbytakingacopywithhimwhenhe Salesperson X,anemployeeofCompanyA,misappropriates itgainedbyseeingthedesignwhenwasasecret.start” to delayitslaunchsothatitdoesnotbenefitfrom the“head couldrequiredevelops asimilardevice.Acourt CompanyB product design.InsteadofacquiringCompanyA,B Company AbyB,Blearnsaboutthe on themarket.Duringdiscussionsofapossibleacquisition Company Aisdevelopinganewmedicaldevicethatnotyet time. that configuration,eitherpermanentlyorforsomeperiodof couldorderline configuration.Acourt CompanyBnottouse Company Bmisappropriates CompanyA’s secret assembly-

TRADE SECRETS 22 Under the federal DTSA as well as under the UTSA, which is which is under the UTSA, as well as the federal DTSA Under a court in most states, applicable the original may multiply misappropriation. and malicious cases of willful in award damages its holder to recover possible for the trade secret It may also be attorneys’ fees. 23 TRADE SECRETS Other Parties’ TradeOther Parties’ Secrets The FlipSide:HowtoStayClearof Chapter 6 owners. Potentialpolicyelementscaninclude: policies tominimizetheirpotentialliabilityothertradesecret to protecting theirowntradesecrets, companiesshouldimplement accusation oftradesecret misappropriation. Therefore, inaddition Savvy companiesare aware thattheycouldbeoneithersideofan information, andwhat dutiestheyhavetotheinformation’s owners. think aheadabouthow theyacquire information,whoownsthe than toreact to a problem onceithasarisen.Companiesshould As withprotecting tradesecrets, itisbettertoprevent aproblem • • • • • • • Keeping documentationofthecompany’s scientificknowledge compete agreements before hiring Researching statelawconcerningenforceability ofnon- from theformeremployerofanewemployee Responding (internallyandexternally)tocautionaryletters assignment, andnon-competeobligations Screening incomingemployeesforconfidentiality, invention Limiting disclosures from third parties agreements Requiring authorizationtosignthird-party nondisclosure company agrees tokeepconfidential Limiting theamountofthird-party informationthatthe and independentdevelopment

TRADE SECRETS 24 Conclusion IP portfolio. form a valuable part can of a company’s secrets Trade should that companies has identified several areas This publication policies. With proper their trade secret consider in formulating preserve to protection use trade secret companies can foresight, information confidential. advantage by keeping their competitive 25 TRADE SECRETS bar associations. University, theBostonBarAssociation, theAmericanLawInstitute,andother Harvard LawSchool’s Petrie-FlomCenter, MIT, BostonUniversity, Northeastern to patentsandtradesecrets, includingatColdSpringHarborLaboratories, be acquired orseekfinancing.Claire haslectured widelyonissues relating on patent-related matters.Sheprovides IPadvicetocompaniespreparing to Claire provides counselingservicesandopinions strategicpatentportfolio in five related casesconcerningimmunecheckpointtechnology. patents invalid.Recently, sheargued before thePatentTrial andAppealBoard convinced theInternationalTrade Commissiontofindtwobiotechnology against amajormedicalproducts companyandanotherinwhichshe www.foleyhoag.com orfollow@FoleyHoagonTwitter. multinational companiestosovereign states.Formore information,visit exceptional seniorlevelservicewedelivertoclientsrangingfrom to startups contributetotheperspectives andexperiencesofourlawyersstaff private fundsfields,andincross-border disputes.Thediversebackgrounds, life sciences,healthcare, technology, energy, professional servicesand and governmentclientsacross theglobe.We havepremier capabilitiesinthe Foley Hoagprovides innovative,strategiclegalservicestopublic,private About FoleyHoagLLP in whichsheobtainedaverdict ofwillfulinfringement and intheInternationalTrade Commission,includingone Claire haswonnumerous casesinthefederalcourts technology-related matters. who handlespatentandtradesecret casesandother Claire isatriallawyeratFoleyHoagLLP Laporte Claire Laporte

TRADE SECRETS 26 Emma WinerEmma Intellectual Emma Winer Hoag’s in Foley is an associate department.Property on IP focuses Her practice secrets, patents, trade matters involving litigation and false advertising., , While Emma interned in the Cyberlaw attending law school, Center for Internet and Society, Clinic at the Berkman and privacy she advised clients on where issues. Before law school, Emma worked as a paralegal specialist in worked as a paralegal specialist law school, Emma issues. Before Office of for the District Unit of the U.S. Attorney’s the Economic Crimes . 27

© 2016FoleyHoagLLP. Allrightsreserved. PriorresultsAttorney advertising. donotguaranteeasimilaroutcome. TRADE SECRETS BOSTON |NEWYORKPARIS |WASHINGTONFOLEYHOAG.COM