Services for Patent Litigation and Trade Secret Protection
Patent litigators often face difficulties during discovery and need to plan for review of intellectual property well before the Rule 26 conference. Recent rulings from both federal and state courts have reinforced the need to develop a discovery strategy early to establish credibility with the court and best position one’s client for what can be a complicated and costly discovery process. In Apple Inc. v. Samsung Electronics Co. Ltd. (2013 U.S. Dist. LEXIS 67085 [N.D. Cal. May 9, 2013]), Judge Grewal placed particular emphasis upon the requirement for both cooperative efforts between the parties and a fundamental requirement of integrity and transparency in the discovery process.
NCC Group is an organization that has been trusted with our clients' intellectual property for over 30 years. We are a trusted agent to both outside counsel and in-house counsel who are involved in complex litigation and intellectual property protection issues. NCC Group provides services to our clients to assist in review of intellectual property during the discovery process.
Secure Discovery – Support for Patent Litigation
Innovation is the engine which drives progress in the technology market. It is our complex patent system that protects the interests of authors and developers from the unlawful infringement of their Intellectual Property (IP) rights.
In order to make this system work, developers must be able to defend their IP rights from willful or unintentional breaching parties alike. However, the question of whether IP infringement truly exists requires exhaustive research and discovery. Therefore, how does a party protect its vital proprietary assets while allowing court-mandated access to their opponent? How can a company ensure that this rightful access does not lead to unauthorized access, use or public disclosure?
A Secured Environment Allowing Discovery for Both Parties
By having both sides designate NCC Group as the litigation support partner, the opposing parties can balance these competing concerns. We offer a service that allows controlled access while mitigating the risk of IP breach or loss. As part of its unique suite of solutions, NCC Groups' Secure Discovery offers controlled environments and program management services to facilitate the confidential review of escrowed source code. Our proven, flexible methodology ensures compliance with specific parameters set out in a Protective Order (the court document defining the process of confidential discovery review by opponents in a lawsuit). In the absence of a Protective Order, the Secure Discovery solution supplies the framework for a confidential review of protected material.
- Secure, facility-based source code review solution.
- Locked-down systems – no communication ports.
- Escrow materials and review machines vaulted when not in active use.
- Review facilities across North America with vaulting capabilities at each location.
What it means to you
- Secure, confidential access to proprietary source code.
- Enable Secure Discovery process to conform with Protective Order and mandates issued by the court.
- Controlled access managed by NCC Group.
- Trusted neutral third-party advisors to both parties with history and extensive experience managing IP and source code.
Trade Secret Protection Documentation
NCC Group has provided trade secret documentation services to some of the largest technology, pharmaceutical and financial companies in the world.
We receive the deposits from clients, time stamp each new release to create ownership records and provide support around patent or infringement claims. This benefits a client’s internal trade secret protection strategies by having a neutral, third-party document and secure the trade secrets and establishing proof that protection measures were in place prior to any infringement claims. It also serves to discourage theft in the first place. This service is also popular with M&A counsel and serves to document key product, financial and client data prior to any acquisition or due diligence activities.
What We Do:
- Create a service that establishes regular deposits of key intellectual property as it is developed.
- Deposits are sent to NCC Group through our SFTP, in hard copy or on physical media.
- NCC Group time stamps each deposit and depositing the materials in one of (or multiple) global media vaults.
- Materials are protected over time, and we are able to provide expert testimony about the dates of deposits.
What is Protected:
- Drug formulas
- Product schematics or designs
- Hardware or boards
- Key financial and client data prior to or during acquisition activities
- Software development work
- Recipes, book texts or other copyrighted work