Page 21 - North American Clean Energy March April 2018 Issue

interviews where you explain all on- going obligations, including at least the obligation not to disclose any company secrets. ese issues often confuse employees, so invite discussion, and ask departing employees to contact the company if they are confused about what information they may permissibly tell others. Where an employee
has had access to highly valuable information, ask them to formally sign an acknowledgement of their con dentiality obligations prior to their departure. At all times, ensure that employees know what information your company considers con dential, and what steps they need to take to ensure that secrecy is maintained.
Finally, evaluate your agreements
with third parties, including vendors, collaborators, purchasers, and any others. When appropriate, ensure that your agreements have robust non- disclosure provisions. If the identity of equipment, chemicals, or other items gives your company a competitive edge, consider including a provision that prevents vendors from telling others about the existence of your business relationship and/or what was sold; discuss these restrictions with the vendors’ sales representatives to ensure that they understand their con dentiality obligations. While it may not be possible to prevent all acts of calculated trade secret theft, these measures may help prevent inadvertent disclosures and thereby help maintain the competitive edge provided by your trade secrets.
Ken Aruda, Ph.D., focuses his practice on patent prosecution with an emphasis in the areas of pharmaceuticals, alternative energy technologies, and semiconductor devices. His practice includes drafting and prosecuting U.S. and foreign patent applications,
portfolio development and management, and due diligence investigations. Ken has a wide range of technical expertise, including laser optics, semiconductor devices, lithium ion batteries, solar cells, and small molecule synthesis.
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
www.finnegan.com
Maximilienne Giannelli, Ph.D., represents clients in complex matters involving patents and/or trade secrets and counsels clients on
how best to protect and defend their intellectual property. Max focuses her practice on patent and trade secret litigation in federal district courts and at the U.S. International Trade Commission.
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