What are intellectual property rights?

The Cause of Action

The Court treats this cause of action as misappropriation of trade secrets. (Sargent Fletcher, Inc. v. Able Corp. (2003) 110 Cal.App.4th 1658, 1665-1666) “Under the UTSA, a prima facie claim for misappropriation of trade secrets requires the plaintiff to demonstrate:

  1. the plaintiff owned a trade secret,
  2. the defendant acquired, disclosed, or used the plaintiff’s trade secret through improper means, and
  3. the defendant’s actions damaged the plaintiff.

(Id. citing Civ.Code Sec, 3426.1.)

“Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means,’ but ‘[r]everse engineering or independent derivation alone shall not be considered improper means.’ (Id. Civ.Code Sec. 3426.1(a).)”.

Intellectual Property and Property Interest

CCP 387 provides for both mandatory and discretionary intervention. Under CCP 387(b), a party in entitled to intervene as a matter of right if that party has an interest in the property or transaction that is the subject of the action and is so situated that any disposition of the action would, in its absence, impair or impede intervener's ability to protect that interest.

Intellectual Property as Patent and Ownership Determination

“[P]atent ownership is determined by state, not federal law.” (Sky Technologies LLC v. SAP AG (2009) 576 F.3d 1374, 1379 citing Akazawa, 520 F.3d at 1357 (citing Jim Arnold Corp. v. Hydrotech Sys., Inc., 109 F.3d 1567, 1572 (Fed. Cir.1997) ("[T]he question of who owns the patent rights and on what terms typically is a question exclusively for state courts."). “However, ‘the question of whether a patent assignment clause creates an automatic assignment or merely an obligation to assign is intimately bound up with the question of standing in patent cases,’ and therefore we have ‘treated it as a matter of federal law.’” (Id. citing DDB Techs., L.L.C. v. MLB Advanced Media, L.P., 517 F.3d 1284, 1290 (Fed.Cir.2008). “Usually, federal law is used to determine the validity and terms of an assignment, but state law controls any transfer of patent ownership by operation of law not deemed an assignment.” (Id.)

Useful Resources for Intellectual Property Rights

Recent Documents on Intellectual Property Rights

2426-2450 of 10000 results

CONTRACT/WARRANTY, COMPLAINT FILED BY PLAINTIFF MCMILLAN SECURITY SYSTEM...

Xv4 Ad SUM-100 SUI ONS (S010 PARA USO DE tacorTs (CITACION JUDICIAL) NOTICE TO DEFENDANT: HELIX ELECTRIC, INC., WEBCOR (AVISO AL DEMANDADO): CONSTRUCTION L.P., FEDERAL INSURANCE COMPANY; and DOES 1-100 YOU ARE BEING SUED BY PLAINTIFF: MCMILLAN SECURITY SYSTEMS, (LO ESTA DEMANDANDO EL DEMANDANTE): INC. NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below, . You have 30 CALENDAR DAYS after thi...

MASS TORT, COMPLAINT FILED BY PLAINTIFF STEINHAUER, TIMOTHY STEINHAUER, ...

-SUM-100 ‘ orn Ons AL) 201 SS Ott are NOTICE TO DEFENDANT: ' {AVISO AL DEMANDADO): ‘ MONSANTO COMPANY, a corporation; WILBUR-ELLIS an COMPANY, LLC, a corporation; (Additional Parties Attached) YOU ARE BEING SUED BY PLAINTIFF: ~ ‘ (0 ESTA DEMANDANDO EL DEMANDANTE): . TIMOTHY STEINHAUER and JULIE STEINHAUER NOTICE! You have been sued. The court may decide-against you without your being heard unless. you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS...

Ex Parte Application -

Mary Lynn Arens, Bar No.: 282459 Mitchel Brim, Bar No.: 239341 ERSKINE LAW GROUP, SUPERIOR COU PC COUNTY OF PLAGE OFNIA 3995 East La Palma Avenue Lo Anaheim, California...

MASS TORT, COMPLAINT FILED BY PLAINTIFF ALBER, SHERYL AS TO DEFENDANT WI...

SUM-100 (CITRON LUD VAL) (60 EEE SE ON ay NOTICE TO DEFENDANT: {AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; WILBUR-ELLIS. COMPANY, LLC, a corporation; (Additional Parties Attached) YOU ARE BEING-SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): Sheryl Alber NOTICE! You have been sued. The court may decide. against you without your being heard unless you respond within 30 days. Read the information bélow. You have 30 CALENDAR DAYS after this summons ahd legal pape...

THE COURT ORDERED THE FOLLOWING JUDGMENT ENTERED: SEE SCANNED DOCUMENT (...

Co Om ND NH FR Ww NY NN NY NY NY NY N NN YN YF SY KF SFP PF Pe Be Be eS eS on DAA FF BW NK CS HD eID DH F&F YW Nn KF SF [Exempt From Filing Fee Government Code § 6103] WILLIAM J. WHITE (State Bar No. 181441) JOSEPH D. PETTA (State Bar No. 286665) . SHUTE, MIHALY & WEINBERGER LLP .. 396 Hayes Street FR { LL : San Francisco, California 94102 San Francisco ¢ Telephone: a3 552-7272 ‘aunty Superior Gourt Facsimile: (415) 552-5816 SEP 3~ 2019 [email protected] [email protected] DENNIS J. HERR...

MASS TORT, COMPLAINT FILED BY PLAINTIFF ROBINETTE JR., DAVID AS SUCCESSO...

_ SUMLIOO SUMMONS 0S a Bonn (CITACION JUDICIAL) NOTICE TO DEFENDANT: {AVISO AL DEMANDADO}: MONSANTO COMPANY, a corporation; WILBUR-ELLIS COMPANY, LLC, a corporation; (Additional Parties Attached) YOU ARE BEING SUED BY PLAINTIFF: {LO ESTA DEMANDANDO EL DEMANDANTE): David Robinette Jr, as Successor in Interest to David Robinette Sr., \ Deceased NOTIGE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information...

MASS TORT, COMPLAINT FILED BY PLAINTIFF WHITFORD, FRANK AS TO DEFENDANT ...

SUM-100 (err SUMMONS 1AL) (501 eee Oe re NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; WILBUR-ELLIS COMPANY, LLC, a corporation; (Additional Parties Attached) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL. DEMANDANTE): Frank Whitford NOTICE! You have been sued. Thé court may decide agains! you without your being heard unless you respond: within 30 days. Read the information ‘below. ‘You havé 30 CALENDAR DAYS after this summons and legal p...

THE COURT ORDERED THE FOLLOWING JUDGMENT ENTERED: SEE SCANNED DOCUMENT (...

Co Om ND NH FR Ww NY NN NY NY NY NY N NN YN YF SY KF SFP PF Pe Be Be eS eS on DAA FF BW NK CS HD eID DH F&F YW Nn KF SF [Exempt From Filing Fee Government Code § 6103] WILLIAM J. WHITE (State Bar No. 181441) JOSEPH D. PETTA (State Bar No. 286665) . SHUTE, MIHALY & WEINBERGER LLP .. 396 Hayes Street FR { LL : San Francisco, California 94102 San Francisco ¢ Telephone: a3 552-7272 ‘aunty Superior Gourt Facsimile: (415) 552-5816 SEP 3~ 2019 [email protected] [email protected] DENNIS J. HERR...

MASS TORT, COMPLAINT FILED BY PLAINTIFF BELL, RUTH AS TO DEFENDANT MONSA...

_____-SUM-100 ( oO NS A L : (501 SBA ESE a rey NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; WILBUR-ELLIS COMPANY, LLC, a corporation; (Additional Parties Attached) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): (Ruth Bell NOTICE! You have been sued, The court may decide against you without your being heard unless you respond wilhin 30-days, Read the'information: below. You have 30 CALENDAR DAYS after this summons and legal...

NOTICE OF AND EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE BASED ON S...

1 Davis J. Reilly, Esq. SBN: 272431 Maria Nozzolino, Esq. SBN: 302368 2 BLEDSOE, DIESTEL, TREPPA & CRANE LLP ELECTRONICALLY 3 601 California Street, 16th Floor F I L E D San Francisco, California 94108-280...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF KIST, STEVEN AS TO DEFE...

SUM-100 SUMMONS sete (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; (See Attachment) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): STEVEN KIST, an individual NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written respo...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF HERDT, JANET AS TO DEFE...

——<$__$_______SuUM-100 Me (CITACION. TUDICIAL) ent at 6 oera NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; (See Attachment) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): JANET HERDT, an individual NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to fil...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF WELCH, STEVEN AS TO DEF...

. : SUM-100 SUMMONS (col AE BE ery (CITACION JUDICIAL) . NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; (See Attachment) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): STEVEN WELCH, an individual NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information. below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file ...

Complaint - Civil Complaint filed

3. The agreements between Plaintiff and Defendant Which are the subject 0f this action, were entered into and were t0 be performed in the County of Fresno, State 0f California. Accordingly, venue is proper in Fresno County under Code 0f Civil Procedure § 395(3). 4. The true names and capacities, whether individ...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF KENNEDY, CAMILLA AS TO ...

SUM-100 (oma CON. TUDICIAL) rntSFitA Roce crn NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; (See Attachment) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): CAMILLA KENNEDY, an individual NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a writ...

MASS TORT, COMPLAINT FILED BY PLAINTIFF WEINBERG, LEONARD INDIVIDUALLY A...

SUM-100 (CITACION JUDIC 1AL) (SOLO PARA USO DELACORTE) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY; WILBUR-ELLIS COMPANY, LLC; WILBUR-ELLIS NUTRITION, LLC (formerly WILBUR-ELLIS FEED, LLC); FRANKLIN'S ACE HARDWARE, VENTURA; and DOES 1 through 100 inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): LEONARD WEINBERG Individually and as Successor-In-Interest on behalf of the ESTATE OF JEANNE WEINBERG, Deceased NOTICE! You have been sued. ...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF COLEMAN, MAX AS TO DEFE...

SUM -100 SUMMONS (coi SEATS Oe re (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; (See Attachment) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): MAX COLEMAN, an individual NOTICE! You have been sued, The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a wri...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF SALGADO, PATRICIA , AN ...

—___________SUM-100 (CITACION JUDIE AL) (sot IS OM re NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; (See Attachment) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): PATRICIA SALGADO, an individual NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file ...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF SMITH, SHANNON INDIVIDU...

SUM-100 SUMMONS (e018 atin U50 BE cA Cone) (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; (See Attachment) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): SHANNON SMITH, Individually and as Successor in Interest to the Estate of ANTHONY R. SMITH, Deceased NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You hav...

MASS TORT, COMPLAINT FILED BY PLAINTIFF HOYT, DONNA INDIVIDUALLY AND AS ...

MONSANTO COMPANY; WILBUR-ELLIS COMPANY, LLC; WILBUR-ELLIS NUTRITION, LLC (formerly WILBUR-ELLIS FEED, SUM-100 (cra CON TODICIAL) pai ne Cee NOTICE TO DEFENDANT: - (AVISO AL DEMANDADO): ILO: and DOES | through 100 inclusive OU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): DONNA HOYT, Individually and as Successor-In-Interest on behalf of the ESTATE OF JOHN HOYT, Deceased NOTICE! You have been sued. The court may decide against you without your being heard unle...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF MILLER, LAURENE AS TO D...

SUM-100 SUMMONS (cols Ba IEE OM ra (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; (See Attachment) YOU ARE BEING SUED BY PLAINTIFF: . (LO ESTA DEMANDANDO EL DEMANDANTE): LAURENE MILLER, an individual NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF BICKERSTAFF, PERCY J AS...

SUM-100 (CITACION JUDIe AL) (80 ea ae SE On rey NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; WILBUR-ELLIS COMPANY, LLC, a corporation; (See Attachment) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): PERCY J. BICKERSTAFF NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 GALENDAR DAYS after this summons and legal paper...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF FREITAS, JOE AS TO DEFE...

SUM-100 (cITACION. TUDICIAL) ens Soe cem NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; (See Attachment) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): JOE FRIETAS, an individual NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below, . You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written res...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF CARR, ANDRE INDIVIDUALL...

SUM-100 (CITACION TUDIeIAL) ent a Nonna NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; (See Attachment) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): BRENT CARR, an individual NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response a...

PRODUCTS LIABILITY, COMPLAINT FILED BY PLAINTIFF CABLE, BENJAMIN AS ATTO...

SUM-100 (CITACION. TUDICIAL) wel Boe oem NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): MONSANTO COMPANY, a corporation; (See Attachment) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): BENJAMIN CABLE, Individually and as Power of Attorney to the Estate of MARCIAL CABLE, Deceased ~ NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this...

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