Corporate Espionage and Fierce Competition Can Lead to Texas Patent Infringement Lawsuits, Texas Theft of Trade Secret
Lawsuits, Texas Intellectual Property Infringement
Lawsuits, & Texas Business Litigation Lawsuits by Texas Patent Infringement Lawyer, Texas Business Litigation Lawyer, Texas Trade Secret Theft Lawyer,
and Texas Intellectual Property Infringement Lawyer Jason S.
Coomer
Industrial
espionage including theft of trade secrets, patent
infringement, and illegal use of other intellectual
property is accelerating. As patents, trade secrets,
and other intellectual property are key to competing in the competitive
business environment and are often developed through
expensive research, more and more businesses are becoming
targets for corporate espionage from domestic and
international competition.
US Technologies and Trade Secrets at Risk in
Cyberspace
Foreign Spies Stealing US Economic Secrets in Cyberspace
The pace of foreign economic collection
and industrial espionage activities against major US
corporations and US Government agencies is accelerating. FIS,
corporations, and private individuals increased their
efforts in 2009-2011 to steal proprietary technologies,
which cost millions of dollars to develop and represented
tens or hundreds of millions of dollars in potential
profits. The computer networks of a broad array of US
Government agencies, private companies, universities, and
other institutions—all holding large volumes of sensitive
economic information—were targeted by cyber espionage; much
of this activity appears to have originated in China.
Foreign collectors commonly take
advantage of the cyber environment because it is difficult
to detect and to attribute responsibility for these
operations.
Traditionally, most patent infringement and corporate espionage has been limited to domestic lawsuits and enforcement. However as many countries including China, India, Mexico, Russia, Brazil, and other emerging countries are importing more products back into the United States, new potential causes of actions and increased government enforcement are becoming available. China is the number
one source of infringing products seized at the U S border
and multinational corporations that use infringing products that are imported into the United States are a major focus of increased lawsuits and enforcement actions.
Texas Patent Infringement Lawsuits, Texas Theft of Trade Secret
Lawsuits, Texas Intellectual Property Infringement
Lawsuits, & Texas Business Litigation Lawsuits
After a
valuable
patent or other valuable intellectual property is infringed
upon or a trade secret is stolen, it is difficult to determine the
next step. Many questions arise and need to be answered including: 1)
Who is infringing on our patent? 2) Is the infringement actionable? 3)
Where is the infringement occurring? 4) When did the infringement begin?
5) How do we stop the infringement? 6) What damages did we suffer? 7)
What potential causes of action do we have? 8) Who are the defendants?
and 9) Can we collect a judgment against this defendant or defendants?
The answers to most of
these questions can be complicated and very different depending on your
business and the unique fact scenario surrounding the theft or
infringement on your intellectual property. By understanding what laws
may apply to a particular patent infringement or theft of trade secret
case, a business can determine how to respond including seeking
compensation and protecting itself from future losses.
International Patent Infringement Lawyers,
International Trade Secret Theft Lawyers, International
Business Litigation Lawyers, International Intellectual
Property Theft Lawyers, International Fake Product Lawyers,
International Corporate Espionage Lawyers, International
Business Fraud Whistleblower Lawyers, International
Intellectual Property Lawyers, and
International Business Litigation Teams
Patents & Texas Patent Infringement Lawsuits
A patent is the right to exclude others
from making, using, selling, or offering for sale a patented
invention. The owner of a patent has several
exclusive rights to the patent. A violation of the patent
owner's exclusive rights constitutes an infringement
entitling the owner to injunctive relief to stop the
infringement and to monetary damages. Damages for patent
infringement can be based on lost profits or reasonable
royalties. Lost profits are calculated on what the
plaintiff would have sold the device itself if the
infringement had not occurred. While reasonable royalties
is determined by the amount the defendant would have paid
plaintiff as a royalty for the right to use the patents.
Texas Theft of Trade Secrets Lawsuits and Texas Breach of Fiduciary Duty Lawsuits
Officers and employees that wrongfully
steal intellectual property including theft of trade secrets,
customer lists, patents, and copyrights can be held liable
by Texas courts for breach of fiduciary duty, conversion,
fraud, and other business torts. As the intellectual
property owned by a business becomes more valuable and
easier to steal through technology, it is increasingly
important for businesses to protect their intellectual
property as well as to make an example of officers, business
partners, independent contractors, and employees that steal
intellectual property.
Texas Patent Infringement Lawsuits, Texas Theft of Trade Secret
Lawsuits, Texas Intellectual Property Infringement
Lawsuits, & Texas Business Litigation Lawsuits
