The Cinderella of Intellectual Property

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Law regarding trade secrets has long been seen as the ugly step-sister of intellectual property. Patents, trademarks, and copyrights have traditionally been held to be federal concerns, while trade secrets have been seen as principally protected by state laws. However, as TianRui Group Co. Ltd. v. Int’l Trade Commission, — F.3d —, (Fed. Cir. Oct. 11, 2011), 18 U.S.C. § 1030, and Oracle v. SAP show, trade secret misappropriation is no longer hidden from federal view: this Cinderella of Intellectual Property has already been allowed to attend the ball to find its Judge Charming.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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