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Roundtable on the potential overlap of Trade Secret Law and the America Invents Act

Roundtable on the potential overlap of Trade Secret Law and the America Invents Act

December 07, 2012 - December 07, 2012

On December 7, 2012, Clara Cottrell will participate in a panel discussion hosted by the Trademark/Copyright/Trade Secret Committee of the NCBA, on trade secret law and the portions of the America Invents Act.

Many elements of this Act have already gone into effect and are starting to affect how businesses approach their intellectual property. One of these provisions is what is known as the "prior user rights defense." The prior user rights defense creates a defense for accused patent infringers when the technology was being used at least one year before the effective filing date or first disclosure of the claimed invention. There is speculation that this new defense may lead companies to protect their intellectual property using trade secrets instead of the uncertain and expensive patent process. But would this new defense really protect their intellectual property? A similar defense is currently in effect in the European Union and may be our best template for anticipating the defense in the United States.

1 p.m. Lunch will be provided.
Ward and Smith, P.A. 5430 Wade Park Boulevard, Suite 400, Raleigh, NC
Please RSVP by December 3, 2012 to Angela Doughty at if you wish to attend.


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