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Brian Barnes

As seen in: Color Research & Application, The Guardian, Wiley Online Library, JD Supra, Londonist, CounterPunch, Lexology
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Articles

Litigation Update | June 2026

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By Brian Barnes, Jordan DeOrio
| JD Supra
Access Plus Similarity Starts the Clock for Trade Secret Misappropriation Claims Inzer C. Ni & Jordan A. DeOrio A trade secret misappropriation claim accrues when the plaintiff knew or should have known facts sufficient to plead misappropriation as evidenced by access to the trade secrets and similarities between those secrets and the competing product. Reap What You Sow: Industry-Specific Applications of Data Processing Do Not Survive § 101 Brian C.
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Reap What You Sow: Industry-Specific Applications of Data Processing Do Not Survive § 101

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By Brian Barnes, Melis Tirhi
| JD Supra
AGI SURETRACK LLC v. FARMERS EDGE INC. Before Moore, Mayer, and Lourie. Appeal from the District of Nebraska. Summary: Patents claiming data collection, processing, and transmission using generic computer components are patent-ineligible abstract ideas under § 101, even when narrowed to a specific industry or use.
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Litigation Update | April 2026

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By Brian Barnes, Jared Bunker
| JD Supra
No Do-Overs: Voluntary Dismissal Does Not Reset Deadline for Stay Jeremiah S. Helm, Ph.D. A respondent in an ITC proceeding may not seek a mandatory stay of their refiled declaratory judgment action in a district court action involving the same parties after they had previously filed a declaratory judgment action and failed to meet the deadline to seek a stay under 28 U.S.C. § 1659(a)(2). Implant Trade Secrets Are Not Protectable Due to Disclosure in Patents Ben K. Shiroma  & Tyler S.
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