News & Analysis as of July 17, 2025

Intellectual Property Protection

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A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure. Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera. less -

Intellectual Property Disputes With Forensic Analysis Need Lawyers’ Involvement: Cooley’s Michael Berkovits

Cooley LLP on 7/17/2025

Cooley’s Michael Berkovits says lawyers working on an intellectual property dispute should consult closely with forensic analysts and treat their findings as an investigative tool. Computer forensic analysis has become a...more

Trade Secret Owners Need to Find the Facts Instead of Letting the Facts Find Them

Mintz - Intellectual Property Viewpoints on 3/17/2025

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

Second Circuit Vacates Jury Award on Grounds that Damages Theory Lacked Evidence

Seyfarth Shaw LLP on 6/22/2023

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

How Should Litigators Establish Evidence in Trade Secret Cases? Part Three: Evidentiary Concerns

Hicks Johnson on 5/10/2023

Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. Yet before a lawyer can focus on what evidence they have to make or defend their case,...more

How Should Litigators Establish Evidence in Trade Secret Cases? Part Two: Damages

Hicks Johnson on 4/18/2023

As discussed in part one of this series, trade secret litigation presents a minefield of evidentiary challenges. But while the act of misappropriation is often simple enough to demonstrate, calculating the precise value of...more

How Should Litigators Establish Evidence in Trade Secret Cases? Part One: Liability

Hicks Johnson on 4/12/2023

In recent years, juries have returned verdicts in trade secret disputes of $2.04 billion, $570 million, $152 million, and $105 million. The enormity of these verdicts reflect the importance the modern economy places on trade...more

Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

Farella Braun + Martel LLP on 2/10/2021

Exploring business partnerships often involves or even requires sharing highly confidential trade secret information. The data center industry is no exception, and its participants have in recent years faced litigation...more

FRE 404(b) and Trade Secrets Disputes: To Admit or Deny?

Orrick - Trade Secrets Group on 11/20/2020

In a recent decision, an Eastern District of Texas court conducted an analysis under Federal Rule of Evidence Rule 404(b) outside the criminal context to allow evidence of “other acts” in a trade secrets litigation. The...more

Recent Changes to China's Trade Secret Protection Laws Ease the Challenge of Bringing Such Cases

Jones Day on 10/30/2020

The Situation: China's legislature has recently eased the challenge of prosecuting trade secret misappropriation cases in that country. The Result: As recently amended, Chinese law now follows some case law developments...more

JONES DAY PRESENTS®: Trade Secret Enforcement in Germany

Jones Day on 9/1/2020

Recent changes to German law are expected to facilitate trade secret litigation. Dr. Christian Paul, a Munich-based partner, explains why these actions still require careful consideration of German procedural law, with a...more

ITC 337 Quarterly Insider Q2 2020

Goodwin on 8/26/2020

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

JONES DAY PRESENTS®: Trade Secret Enforcement in France

Jones Day on 8/25/2020

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

Mid-Year Review of Key Global Trade Secret Developments

Jones Day on 8/12/2020

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

The $740 Million Jury Question: Massive Trade Secrets Award Overturned Because of Erroneous “Improper Means” Instruction

Orrick - Trade Secrets Group on 6/25/2020

The right to a jury trial is one of the most important features of modern trade secrets law. But as a recently issued Order from the Texas Fourth Court of Appeals (“Court of Appeals”) illustrates, the jury trial right is...more

WIPO introduces new business online-service that provides evidence of an intellectual asset’s existence

International Lawyers Network on 6/10/2020

On 27 May 2020 WIPO launched new online business service, WIPO PROOF, that provides tamper-proof evidence of the existence at a point in time of any digital file, including data sets, in any format. The WIPO PROOF service...more

3 Steps in Furtherance of Avoiding Devastating Spoliation Sanctions in Trade Secret Misappropriation Litigation

Sheppard Mullin Richter & Hampton LLP on 12/6/2019

Preservation of electronically stored evidence (ESI) may be critical in trade secret cases. When a dispute revolves around whether a defendant accessed and/or transmitted the plaintiff’s trade secret material maintained in an...more

New French Decree Strengthens Protection of Confidential Documents

Jones Day on 2/5/2019

The Background: French Decree No. 2018-1126, which is intended to enhance the protection of documents containing confidential information, became effective following publication in the Official Journal. The Result: The...more

Intellectual Property Bulletin - Summer 2018

Fenwick & West LLP on 7/11/2018

In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

In The Ninth Circuit, Your Fate (And Documents) May Not Be Sealed

Orrick - Trade Secrets Group on 6/4/2018

Judge Vince Chhabria of the Northern District of California handed down a strongly worded order denying a motion to seal alleged trade secret information, and sanctioning counsel for defendant for the frivolous request. ...more

Mine Your Own Business: Multinational Mining Company Seeks Protection Of Alleged Trade Secrets During Discovery

Orrick - Trade Secrets Group on 3/16/2018

Last week, multinational mining giant Rio Tinto asked a federal court in Manhattan to shield its document disclosures to the Securities and Exchange Commission (SEC) from the public eye....more

Growing Small Satellite Market Spawning Litigation

Orrick - Trade Secrets Group on 11/8/2016

Virgin Galactic expanded and continued its attack on its former VP of Propulsion, Thomas Markusic, and his new company, Firefly Space Systems, this month. Markusic co-founded Firefly around the time he left Virgin Galactic,...more

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