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A nearly decade-long legal battle in the U.S. District Court for the Northern District of Illinois recently concluded with a significant jury verdict, underscoring the potentially severe consequences of trade secret theft...more
What’s missing from your company’s form agreements? Using form agreements allows companies to achieve efficiencies, consistency, and preferred contract language, but reliance on the standard terms that have become routine in...more
This publication summarizes noteworthy 2024 legal developments in trade secret law in key centers of commerce throughout the world. Understanding these legislative and judicial developments can help trade secret owners...more
Summary In July 2024, the Seventh Circuit concluded that the DTSA can reach all of a defendant’s worldwide sales caused by the misappropriation, so long as — in the words of 18 U.S.C. § 1837(2) — “an act in furtherance” of...more
Significant developments are likely in 2025 in trade secret law, building on major cases and developments in 2024. Here are four areas to watch....more
In December, a Massachusetts corporation won the largest jury verdict ever awarded under the federal Defend Trade Secrets Act (DTSA). The award of $452 million is part of a recent trend of massive awards to trade secret...more
In a trade secret misappropriation action, a complainant is required to prove the amount of its damages with reasonable certainty and that this amount has been caused by the misappropriation. Therefore, the trade secret...more
Legal regimes are shifting, including in the intellectual property world as businesses increasingly seek the protection of trade secrets rather than patents to secure their confidential information. When the Defend Trade...more
Sometimes it is all about the money. In Motorola v. Hytera, the Seventh Circuit Court of Appeals addressed “a large and blatant theft of trade secrets” from Motorola by its competitor Hytera. The damages awarded to Motorola,...more
Introduction - In May 2022, a jury in the Circuit Court for Fairfax County, Virginia awarded Appian Corp. (Appian) in excess of $2 billion in damages from Pegasystems, Inc. (Pegasystems) for misappropriating Appian’s trade...more
This is the second of two updates on the impact of Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd., No. 22-2370, ___ F.4th ___ (7th Cir. 2024) on trade secret cases. The first update focused on the...more
A federal appeals court recently applied a U.S. trade secrets law to sales outside the country, finding that Motorola was entitled to $407 million in damages from a foreign competitor for trade secrets misappropriation. A...more
Arkansas has adopted the Model Uniform Trade Secrets Act with some modifications. We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Code Ann. § 4-75-601, et seq....more
2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more
Last week, the Seventh Circuit heard arguments in Motorola Solutions, Inc. v. Hytera Communications Corp. concerning when, if at all, civil claims under the Defend Trade Secrets Act (“DTSA”) may extend to extraterritorial...more
As the calendar turns to November, a “high-low” (at least here in the basketball capital of the world) usually refers to a basketball play where one player at the high post passes the ball to a second player at the low post...more
On May 25, 2023, the Second Circuit issued an opinion in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group, Inc., No. 21-1370 (2d Cir. 2023) that provides guidance regarding recoverable damages in trade secret...more
Why should companies considering trade secret litigation consider their patent portfolios? After all, trade secrets, by definition, are secret. They have value in the marketplace by virtue of not being disclosed. And like the...more
Paris-based Jones Day partner Thomas Bouvet talks about the challenges involved in gathering evidence and the most difficult aspects of trade secret litigation in France. He also discusses the remedies available to wronged...more
A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more
Four years have passed since Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, and federal courts have developed a new body of law based on this relatively young statute. The DTSA provides a private civil cause...more
On February 25, 2020, Plaintiff Mustard Girl LLC (“Mustard Girl”), an award-winning mustard manufacturer, filed a lawsuit in the Circuit Court of Cook County for damages against its former co-packing partner, Olds Products...more
On Wednesday, a federal jury in the Eastern District of Texas declined to award any damages to Huawei Technologies Co., the world’s largest telecommunications company, stemming from its allegations of trade secret theft,...more
At the recent ACC-Socal Double Header Event, Knobbe Martens presented, "CardiAQ - An IP Success Story." ...more
A California federal jury recently decided that Emerson Electric Company owes prefabricated module manufacturer BladeRoom Group Limited $30 million in damages for stealing trade secrets to build a massive new data center. ...more