When most law students think of protecting an invention or technology, they immediately jump to patents, which is a type of IP granted by the government to protect inventions. However, trade secrets are also a type of intellectual property that can protect technology. And, trade secrets can sometimes be more useful – and valuable – than patents. As we will see, companies are increasingly turning to trade secrets as a means of protecting their intellectual property. Some of the biggest IP litigation cases in recent years have involved trade secrets. Almost every company uses trade secrets to protect information. A downside to trade secrets however, is that they are sometimes difficult to protect. Continue reading
As a summer associate working in patent litigation, I kept seeing the same judge’s name in the same district court. At first, I had no idea why this was the case. However, I’ve since learned how important venue is in patent litigation.
Selecting the right venue is crucial in patent litigation cases, because where a case is filed can impact its likelihood of success. So, what exactly is venue? And why is it so important to patent litigation? Allow me explain.
I came to Loyola with an interest in intellectual property, specifically patents. Patents are granted by a country to protect inventions by granting the inventor certain rights. When it came time to start my job search for my 1L summer, I knew I wanted to try and get experience in the field of IP. In every IP interview I’ve had thus far, the interviewer has always asked what kind of patent law I want to practice. Do I want to “prosecute” patents, meaning writing and obtaining a patent for an inventor? Or, do I want to litigate issues for granted patents? These are the two most common areas of patent law. In my early interviews, I would answer patent litigation. I have previous experience as a litigation consultant prior to law school, and have always romanticized being a trial attorney. However, as I gained interview experience and spoke with more attorneys, I realized there were many different areas of patent law of which I had no idea existed. I realized I had an interest in a lot of them. After learning more about these fields, I was able to better tailor my job search to firms that offered those types of patent law.
In April 2020, I was committed to attending a law school that was not Loyola. After making the tuition deposit, however, something didn’t feel right. I began rethinking whether that school would be the best place to spend the next three years. But where would I go?
My goal was to attend a school with a strong IP program. However, I wanted more than a curriculum. I wanted a community, a place that would make me happy when I walked through the doors every day. After making this realization, I scheduled calls with deans, professors, alumni, and students at other law schools to gain insights into their experiences.