E-Commerce Patent Infringement Dispute Between IBM and Groupon Ends in $57 Million Settlement

October 12, 2018 - from Reuters

On October 1, 2018, defendant Groupon Inc. agreed to pay $57 million to settle a dispute with International Business Machines (IBM) over Groupon’s alleged infringement of four IBM patents related to e-commerce technology. The settlement follows an announcement made by Groupon in July that it would consider appealing the July 27, 2018 jury decision that awarded IBM $83 million in damages. The intellectual property lawsuit began in 2016, when IBM alleged that Groupon had used the patented e-commerce technology without licensing it.

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Federal Trade Secret Cases Increase 30% Since DTSA

October 4, 2018 - from JD Supra

Lex Machina’s 2018 Trade Secrets Litigation Report cited the passage of the Defend Trade Secrets Act (DTSA) as the most probable cause of a 30% increase in trade secret misappropriation case filings in 2017 over 2016. The DTSA afforded plaintiffs the ability to pursue civil remedies for trade secret theft in federal courts as long as the claim is “related to a product or service used in, or intended for use in, interstate or foreign commerce.”

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Massachusetts Adopts Uniform Trade Secrets Act

October 3, 2018 - from National Law Review

On October 1, 2018, Massachusetts adopted a version of the Uniform Trade Secrets Act (UTSA), which contains provisions similar to the federal Defend Trade Secrets Act (DTSA). Massachusetts’ UTSA enables the state to provide injunctive relief against “actual or threatened misappropriation” of trade secrets, which have either “actual or potential” economic value. Massachusetts’ adoption of the UTSA makes it the 49th state to adopt a version of the act; only New York has not enacted some form of the UTSA.

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