Amid a growing body of unsettled law regarding the patentability of software and business methods patents, companies are increasingly choosing to maintain their valuable innovations as trade secrets rather than risk a rejected patent application. There are pros and cons to both forms of intellectual property protection. However, the decision need not be binary – at least not during the pendency of the patent application. Instead, by opting to go the “non-publication” route, inventors can maintain trade secret protection over an invention during the patenting process and decide whether to forego trade secret status and allow the patent to issue at the end of the patent prosecution process. READ MORE
For her litigation practice, Amy’s ability to distill the most complicated technology across an array of fields, including telecommunications, semiconductor manufacturing, renewable energy, cloud computing, and big data, into relatable, every day concepts that has made her successful in persuading judges and juries alike. She has led trial teams, litigated, and tried cases in state court in California, numerous District Courts, the International Trade Commission, and has briefed appeals before the 9th Circuit, the Federal Circuit, the Supreme Court of California, and the United States Supreme Court. Whether litigating patent, trade secret, or IP contract disputes, Amy strives to put herself in her client’s shoes to ensure personalized results tailored to each client’s business objectives.
Amy also provides comprehensive IP counseling on issues including trade secrets protection, employee departure investigations, freedom to operate analysis, licensing strategies, data privacy protection, and regulatory compliance. She has also conducted comprehensive patent portfolio reviews and assisted with IP corporate transactions.
In addition to her IP work, Amy devotes significant time to her pro bono work. For more than a decade, she has assisted domestic violence victims, as well as led Orrick’s Bay Area summer program that enables law clerks to be certified to argue in Family Court to obtain Temporary Restraining Orders for domestic violence clients.
Posts by: Amy Van Zant
On March 30, 2018, in Sandvig v. Sessions, the U.S. District Court for the District of Columbia allowed one of several constitutional challenges to the Computer Fraud and Abuse Act to survive a motion to dismiss. In doing so, the district court highlighted and analyzed the split between circuits in interpreting the “exceeds authorization” provision and joined the Second, Fourth, and Ninth Circuits in finding that exceeding authorization means exceeding authorized access and not merely authorized use. READ MORE