1. CONFIDENTIAL © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. PATENTS VERSUS TRADE SECRETS WHAT THEY ARE WHEN YOU’VE GOT THEM HOW TO KEEP THEM Presented by Jason A. Bernstein “Patents Versus Trade Secrets”

2. CONFIDENTIAL © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. WHAT YOU’LL LEARN TODAY-- HOW TO: Identify information that is protectable Evaluate whether and how much to protect it. Protect your rights and guard against loss. Enforce your rights.

3. CONFIDENTIAL © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. WHAT IS A: TRADE SECRET? Any information that: –Is maintained in secret –Is not generally known by competitors –Provides a competitive advantage Examples: Customer lists, manufacturing processes, software, marketing and pricing

4. CONFIDENTIAL © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. WHAT IS: PATENTABLE? Types: Process, machine, article of manufacture, composition of matter, business method Standard: new, useful, nonobvious Limitations: Cannot patent the invention if it has been offered for sale, publicly disclosed or commercially exploited for more than one year before filing

5. CONFIDENTIAL © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. DIFFERENCES IN PROTECTION Patent Lasts 20 years Standard to obtain in high (“nonobvious”) Must apply to protect Rights exclusive Trade Secret Can last forever Quality of the info need not be high Must take steps to protect (limit access) Rights not exclusive

6. CONFIDENTIAL © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. DIFFERENCES IN PROTECTION Trade Secret Cost to obtain is nil Time to obtain is nil More than one company can own the same TS Patent Cost to obtain high Time to get is 2-3 years Only the first inventor can get a patent

7. CONFIDENTIAL © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. EVALUATE Does it give you a competitive edge? If others had it, would it damage you? Can you keep it a secret and, if so, for how long? Is it key to your business? Is it too late to patent it?

8. CONFIDENTIAL © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. EVALUATE: PATENT IT OR KEEP SECRET? Can you keep it a secret? How many people need to know the secret to make it function? Ability to reverse engineer Market life of invention Ability to license Life of the product before innovation obsoletes today’s trade secret

9. CONFIDENTIAL © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. PROTECT You must take positive steps to protect trade secrets. For patentable inventions, get inventors to submit a disclosure early for review and a patentability search. Monitor your IP for possible theft or use by others.

10. CONFIDENTIAL © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. ENFORCE Sales and marketing will often be the first to know if your IP is being used by someone else. Pursue infringers Pursue ex-employees or consultants who take your trade secrets

11. CONFIDENTIAL © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is confidential, proprietary and the property of Barnes & Thornburg LLP, which may not be disseminated or disclosed to any person or entity other than the intended recipient(s), and may not be reproduced, in any form, without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. Contact Information Jason A. Bernstein BARNES & THORNBURG LLP Suite 1150 3343 Peachtree Road, N.E. Atlanta, GA 30326-1428 Direct Dial: 404.264.4001 Fax: 404.264.4033 Email: jbernstein@btlaw.com www.btlaw.com