Recent case law confirms that trade secret owners should proactively investigate any suspicions of theft, and if they do not, they may be at greater risk of being barred under the statute of limitations than they may expect....more
It is no secret that the misappropriation of trade secrets frequently occurs outside the United States. In a global economy, where companies have locations and markets all around the world, it is not uncommon for trade...more
A recent trade secret matter pending in federal court in California shows the pitfalls of a company’s failing to do trade secret asset management before filing a trade secret lawsuit, and also highlights some important...more
Successful ITC trade secret complainants follow these rules before filing the complaint in Section 337 investigations:
Identify and prepare “packages” for each of the trade secrets you plan to assert before you file the...more
To be a successful trade secret litigant at the ITC, it is critical to be mindful of unique substantive and procedural aspects of Section 337 litigation. These differences offer both promise and peril for complainants. ...more
Holders of IP rights, including patents, copyrights, trademarks, and trade secrets, have traditionally filed IP-related disputes in court, and there’s no question that court litigation will continue to be the most popular...more
Amid the continuing threat to U.S. intellectual property rights posed by foreign actors, the International Trade Commission (ITC) is poised to become the latest federal agency to bolster protections for U.S. IP owners. The...more
Earlier this month, a Northern District of Illinois jury returned a verdict in favor of Motorola for over $700 million after a trial in which Motorola alleged that Hytera hired three engineers away from Motorola’s Malaysian...more
3/13/2020
/ Confidential Business Information (CBI) ,
Corporate Counsel ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Economic Espionage Act ,
Extraterritoriality Rules ,
Jury Verdicts ,
Misappropriation ,
Popular ,
RJR Nabisco v European Community ,
Trade Secrets
The DTSA standing alone provides significant recourse for trade secret owners who have fallen victim to trade secret theft. Apart from the protection provided by the DTSA itself, however, the statute also allows trade secret...more
On October 1, 2018, Massachusetts will become the 49th state to adopt a version of the Uniform Trade Secrets Act. The version of the UTSA that Massachusetts will adopt bears notable similarities to the Defend Trade Secrets...more
A recent order from the Northern District of California provides some succinct guidance on the relevancy of discovery concerning litigation funding. In Space Data Corp. v. Google LLC, 5-16-cv-03260, the court denied...more
The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute....more
4/9/2018
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Confidential Information ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Family and Medical Leave Act (FMLA) ,
Immunity ,
Intellectual Property Protection ,
Non-Disclosure Agreement ,
Title VII ,
Trade Secrets ,
Whistleblower Protection Policies
Speed is almost always of the essence for the victim of trade secret misappropriation. Many companies ground their business in proprietary information that, if made public, would make the exclusive product or service those...more
1/31/2018
/ Administrative Law Judge (ALJ) ,
Defend Trade Secrets Act (DTSA) ,
Estoppel ,
Expedited Discovery ,
International Trade Commission (ITC) ,
Jurisdiction ,
Misappropriation ,
Patents ,
Section 337 ,
Trade Secrets ,
UTSA
The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically,...more
The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals...more
A recent decision in the Northern District of Illinois gave life to the inevitable disclosure doctrine under the Defend Trade Secrets Act. Inevitable disclosure is a common law doctrine by which a court can prevent a former...more
A recent decision in the Western District of Kentucky highlights the importance of explaining in a complaint under the Defend Trade Secrets Act why the allegedly misappropriated information qualifies for trade secret...more
The Defend Trade Secrets Act (DTSA) civil seizure mechanism provides victims of trade secret theft with a tool to immediately freeze dissemination of stolen proprietary information. Using civil seizure, a court may direct...more
An important question for any plaintiff alleging trade secret misappropriation is: “How much detail should I provide about the stolen trade secrets in the complaint?” Answering this question often requires the balancing of...more
Trade secret theft is a growing threat to American businesses. One obstacle to addressing misappropriation through a lawsuit can be a lack of direct evidence of theft. For example, if an employee leaves his company to work...more
Trade secrets provide significant value for American companies. Take, for example, the formula for Coca-Cola. The exact formula for the popular softdrink is a closely guarded secret, and Coca-Cola’s exclusive ability to make...more
10/28/2016
/ Cause of Action Accrual ,
Defend Trade Secrets Act (DTSA) ,
Equal Employment Opportunity Commission (EEOC) ,
Misappropriation ,
Notice Requirements ,
Remedies ,
Theft ,
Theft of Trade Secrets Clarification Act ,
Trade Secrets ,
UTSA ,
Whistleblowers
American corporations are facing an ever increasing threat of misappropriation of their valuable trade secrets through industrial espionage, defined as the theft of a company’s trade secrets by an actor intending to convert...more
8/25/2016
/ China ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Former Employee ,
Industrial Espionage ,
Misappropriation ,
Monsanto ,
Popular ,
Preliminary Injunctions ,
Replevin ,
Restraining Orders ,
Trade Secrets ,
TRO
On July 5, 2016, in United States v. Nosal, the Ninth Circuit Court of Appeals clarified the definition of “trade secret,” finding that data derived from a compilation of publicly available information can constitute a...more
In some of the first decisions under the newly enacted Defend Trade Secrets Act, on June 10 and 22, 2016, United States District Judge Jon S. Tigar granted a temporary restraining order and preliminary injunction in Henry...more
The Defend Trade Secrets Act (DTSA) is now one signature away from becoming law. On April 4, 2016, the Senate unanimously passed the DTSA and, last week, on April 27, the House of Representatives followed suit, passing the...more