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Trade Secrets › Misappropriation › Intellectual Property Protection

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'... more +
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 -
Proskauer - Trade Secrets

$30 Million Message: Jury Awards Substantial Punitive Damages for Trade Secret Theft

Proskauer - Trade Secrets on

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

J.S. Held

Trade Secret Protection in the Age of Large Language Models: Risks, Reasonable Measures, and Legal Remedies

J.S. Held on

Large Language Models (LLMs) are a type of Artificial Intelligence (AI) system that can process and generate human-like text based on the patterns and relationships learned from vast amounts of text data. LLMs use a machine...more

Kilpatrick

Is Gen AI Really A Threat to Trade Secrets?

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The advent of generative artificial intelligence has given rise to a debate about how this innovative technology will affect intellectual property rights and trade secret protections in particular....more

Morgan Lewis

Trade Secrets in the Automotive Industry

Morgan Lewis on

As recent innovations in automotive technology continue to fuel unprecedented growth across the industry, companies must adapt their privacy and confidentiality capabilities to safeguard highly valuable trade secrets. With...more

Epstein Becker & Green

Lamborghini Accused of Driving Away With Former Partner’s Trade Secrets

Epstein Becker & Green on

Prema Engineering S.r.l. (“Prema Engineering”) has accused automaker Automobili Lamborghini S.p.A. and Automobili Lamborghini America, LLC (collectively, “Lamborghini”) of stealing Prema Engineering’s intellectual property...more

Alston & Bird

Intellectual Property Litigation Newsletter | May 2025

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Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn that belated statements are not relevant but litigation funding...more

DarrowEverett LLP

Generative AI and Trade Secrets: A New Frontier for IP Litigation

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As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more

Fisher Phillips

Protecting Trade Secrets in the Life Sciences Industry: 8 Steps to Prevent Corporate Espionage and Theft

Fisher Phillips on

Protecting trade secrets in any business is critical, but the stakes are higher in life sciences. Given the high focus on innovation in the industry, corporate espionage can result in devastating financial and reputational...more

J.S. Held

Utilizing Digital Forensics Expertise in Intellectual Property, Copyright & Trade Secret Matters

J.S. Held on

Need Assessment, Vetting, and Identification of a Reliable Expert in the Digital Forensics Process - Whether your organization is looking for advisory and expert support for an internal investigation into allegations of...more

Hicks Johnson

How to Develop a Successful Trade Secret Litigation Strategy: 7 Best Practices for In-House Counsel

Hicks Johnson on

In today’s competitive business environment, trade secrets have emerged as some of an organization’s most prized assets. They are the hidden formulas, proprietary processes, and specialized know-how that give companies their...more

Mayer Brown

Concerns Related to DeepSeek’s Training Techniques May Focus on IP Issues

Mayer Brown on

AT A GLANCE - Beyond whether DeepSeek used data from existing AI application program interfaces (APIs) to train its models lie concerns about whether querying an AI API may lead to trade secret misappropriation....more

Orrick, Herrington & Sutcliffe LLP

Protecting Trade Secrets: Tips for AI Companies

Orrick, Herrington & Sutcliffe LLP on

AI companies should familiarize themselves with trade secret law to safeguard their innovations. A company does not need to register a trade secret to invoke it in litigation, unlike other IP protections. Trade secrets can...more

Fish & Richardson

Protecting and Enforcing Your Trade Secrets in a Global Economy

Fish & Richardson on

In the interconnected, global business environment, trade secret information regularly crosses international boundaries, and trade secret misappropriation can occur anywhere in the world. Trade secret holders should thus...more

Faegre Drinker Biddle & Reath LLP

Hytera Petitions Supreme Court to End DTSA’s Extraterritorial Reach

Faegre Drinker Biddle & Reath LLP on

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

DLA Piper

Relevance of Trade Secret Ownership for Misappropriation: I-Mab Biopharma v. Inhibrx Inc.

DLA Piper on

In I-Mab Biopharma v. Inhibrx, Inc., a trade secret misappropriation case, a federal jury in Delaware sided with the defendants, Inhibrx and its co-founder Brendan Eckelman, on all counts. The jury found no existence of a...more

Sunstein LLP

Massachusetts Jury Sets New Record Under Federal Defend Trade Secrets Act With $452 Million Damages Award

Sunstein LLP on

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

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: October 2024

WilmerHale on

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Sheppard Mullin Richter & Hampton LLP

The Proliferation of Trade Secret Misappropriation and U.S. Enforcement Choices

Sheppard Mullin Richter & Hampton LLP on

미국의 영업 비밀 소송 호황기 This is a boom time for trade secret litigation in the U.S. The underlying conditions driving the boom include the growing mobility of the global workforce, the ease with which electronic data can be...more

Baker Botts L.L.P.

Trade Secret Litigation: How Will AI Innovations Likely Be Litigated?

Baker Botts L.L.P. on

While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI. With decades of legal development, it’s an essential area where companies will need to protect...more

Dorsey & Whitney LLP

A Helpful Reminder of Utilizing a TRO to Keep the Trade Secret ‘Genie in the Bottle’

Dorsey & Whitney LLP on

A temporary restraining order (“TRO”) followed by a preliminary injunction is often essential for a company to maintain the trade secrets status of its information that is being misappropriated. Typically, once the...more

Sheppard Mullin Richter & Hampton LLP

Companies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law

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Following the Seventh Circuit’s recent decision in Motorola Solutions Inc. v. Hytera Communications Corp. Ltd., the United States may become a destination venue for resolution of global trade secret disputes. The Seventh...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Civil Remedies are Available Under the Defend Trade Secrets Act?

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The DTSA supplements the criminal penalties of the EEA (found here)by providing a range of civil remedies for trade secret misappropriation. According to the DTSA, misappropriation includes the unauthorized use or disclosure...more

Seyfarth Shaw LLP

Bizarre Dispute Between AI-Biotech Startup and Former Executive Ends in Trade Secret TRO, For Now

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With a factual background that resembles a bad Hollywood script, the most recent chapter in the ongoing dispute between former co-founder of Trilobio, Keoni Gandall (defendant), and Trilobio and his two former partners and...more

Seyfarth Shaw LLP

No Non-Compete? Maybe not a problem as PepsiCo appears to be alive and well.

Seyfarth Shaw LLP on

In 2016, the Defend Trade Secret Act, 18 U.S.C. § 1836 (the “DTSA”), passed Congress and went into effect. At its heart, it effectively codified the Uniform Trade Secrets Act at the federal level, creating a federal cause of...more

Morgan Lewis

Are US Intellectual Property–Based Sanctions Imminent?

Morgan Lewis on

Though unutilized for the first 18 months of its life, a recent presidential delegation suggests that the administration may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act...more

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