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What’s Shaking? Not an Interlocutory Appellate Decision on Damages

The US Court of Appeals for the Fifth Circuit dismissed and remanded a district court certified interlocutory appeal concerning the standard for calculating a reasonable royalty under the Defend Trade Secrets Act (DTSA). The...more

E for Effort? PI Analysis in Trade Secret Suit Riddled With Errors

The US Court of Appeals for the Federal Circuit reversed the granting of a sweeping preliminary injunction (PI) in a trade secret suit against a competitor, finding that the district court’s analysis failed to consider...more

If You Can’t Say a Secret under an NDA, Don’t Say It at All

Considering a trade secret misappropriation claim involving a business pitch that was not subject to a non-disclosure agreement (NDA), the US Court of Appeals for the Sixth Circuit affirmed a district court’s summary judgment...more

Too Little Too Late: No Tenable Misappropriation Claim Based on 11-Year-Old Prototype

In a dispute between an employer and a former employee, the US Court of Appeals for the Seventh Circuit affirmed a district court’s grant of summary judgment against an employer asserting trade secret misappropriation and...more

Breach of Confidentiality Claim Survives Motion to Dismiss under Anti-SLAPP Law

The Court of Appeals of Texas (Fourth District) upheld a trial court’s order denying a motion to dismiss a breach of confidentiality agreement claim pursuant to the Texas Citizens Participation Act (TCPA), which is designed...more

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