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To embed, copy and paste the code into your website or blog: On January 13, 2021, The U.S. International Trade Commission issued its public opinion in the so-called “BOTOX® Case,” or Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same and Certain Products Containing Same, issuing a 21-month exclusion order against the importation of an anti-wrinkle beauty treatment manufactured in South Korea that is a follow-on biologic to BOTOX®. The ruling serves as a reminder that trade secret holders should be cognizant of the distribution history of alleged trade secrets to ensure protectability. Trade secret holders and potential users alike should be aware of all possible participants in a protectable domestic industry. ....
Hayan Yoon In two 2019 rulings , the Federal Circuit invoked the “written description requirement” of 35 U.S.C. § 112 to require evidentiary support for therapeutic efficacy. Now that the Supreme Court has declined to hear one of those cases, “written description” will continue to present a hurdle to patentability, in addition to the utility and enablement requirements. Litigation-Proofing Your Trade Secrets: Practical Steps to Ensure They’re Enforceable in Court Robert Counihan and Jedediah Wakefield Trade secret litigation is on the rise, and new case law related to enforceability has broad implications for how companies protect information that they consider to be trade secrets. Drawing on these cases, we offer practical steps for ensuring that your company’s trade secret “crown jewels” are enforceable in court especially if your business is in a knowledge-based sector, such as technology or life sciences. ....