The State of Information Technology Law 2011: Trade Secrets, Trade Secrets Discovery




1. U.S. Courts of Appeal

a. Nationwide Mutual Insurance Co. v. Mortensen 95 USPQ2d 1305

The U.S. Court of Appeals for the Second Circuit ruled on May 11, 2010 that policyholder information that defendant insurance agents allegedly took from plaintiffs’ computer system does not qualify as trade secret, since information is readily available from physical policyholder files.

2. U.S. District Courts

a. Gene Codes Corp. v. Thomson 81 BNA’s PTCJ 492

The U.S. District Court for the Eastern District of Michigan ruled on February 11, 2011 that the former employee of a DNA-analyzing software company is not liable for stealing the company’s trade secrets under Michigan’s Uniform Trade Secrets Act.

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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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