4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
JONES DAY PRESENTS®: Cross-Border Trade Secret Litigation in the United States
Time to Amend the Defend Trade Secrets Act
The Intersection of RICO, Trade Secrets, and the Defend Trade Secrets Act - RICO Report Podcast
JONES DAY PRESENTS®: Trade Secret vs. Patent Litigation
Trade secret litigation after the Defend Trade Secrets Act
Podcast: The Current Trade Secrets Landscape: Criminal and Civil Litigation Strategies and Tactics
Podcast: Conductive Discussions Episode 2: Criminal Prosecution of Trade Secret Theft, with a Focus on China
Viewpoints: Trade Secrets
Straight Talks: New players, new rules - IP disruption in the automobile industry
Employment Law This Week®: Sexual Harassment Legislation, Browning-Ferris Appeal, DTSA Whistleblower Immunity, Salary History and Wage Gaps
Employment Law This Week: Top Issues of 2016 – DTSA, Non-Competes, Paid Sick Leave, Transgender Law, Overtime, NLRB Decisions
Employment Law This Week: Defend Trade Secrets Act, Final Overtime Rule, Leave for Disabled Workers, OT Exemption Case
Kilpatrick partners Joel Bush and Michele Floyd recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Trade Secret Update: 2024 Legal Developments and Trends.” This session...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
On May 11, 2024, the Defend Trade Secrets Act (DTSA) celebrated its eight-year anniversary. The DTSA’s enactment in 2016 marked a turning point in US trade secret protection. It gave parties seeking redress for...more
In the rapidly evolving biotech and life sciences sectors, the importance of trade secrets has grown significantly. Companies are investing heavily in research and development to create cutting-edge treatment therapies....more
On June 17, 2024, the Federal Circuit issued a precedential opinion reversing a preliminary injunction imposed in a trade secret case, explaining that the district court abused its discretion by, inter alia, failing to fully...more
As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more
Every once in a while, the U.S. Court of Appeals for the Federal Circuit handles a trade secrets case. In a decision published Monday, the court reversed the grant of a preliminary injunction relating to insulin pump patches....more
Taking legal action to protect a trade secret is unlike other intellectual property litigation since what you’re trying to protect is a secret. Plaintiffs must navigate a fine line between pleading their complaint with enough...more
On January 5, 2023, President Biden signed the Protecting American Intellectual Property Act of 2022 (“PAIPA”) into law. PAIPA requires that the President submit an annual report identifying and describing any “significant...more
The 2016 enactment of the Defend Trade Secrets Act (“DTSA”) has led to an increase in trade secret litigation. The DTSA codified into federal law the right of an owner of a trade secret to sue in federal court when its trade...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
A recent trade secret matter pending in federal court in California shows the pitfalls of a company’s failing to do trade secret asset management before filing a trade secret lawsuit, and also highlights some important...more
A common element in trade secret litigation is that plaintiffs must own and be able to reasonably identify their trade secrets. However, different courts require plaintiffs to define their trade secrets with different levels...more
The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the...more
There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below....more
When you publish electronic software, you frequently worry about copyright infringement. What if your game used sounds, graphics, text, or code from another game? If a competitor believes your game violates copyright, it...more
Since the first edition of this outline was published in 2009 and the second and third editions were published in 2014 and 2017, Illinois case law addressing the protection of confidential and trade secret information has...more
A trade secret derives its value by being kept secret, yet a trade secret owner is required to identify its trade secret at some point during litigation to apprise the defendant as to what information was allegedly...more
In B&P Littleford, LLC v. Prescott Mach., LLC, No. 20-1449, 2021 WL 3732313 (6th Cir. Aug. 24, 2021) (unpublished), the U.S. Court of Appeals for the Sixth Circuit recently provided guidance as to factors courts should...more
On July 6, 2021, a federal court ordered that Mars, Inc.’s trade secret lawsuit against its former executive must be resolved in arbitration. Mars v. Szarzynski is a cautionary example of broad judicial interpretation of...more
Seyfarth Synopsis: In a case of first impression, the Ninth Circuit held that the continued use doctrine is available under the DTSA, and the court permitted a plaintiff to raise a DTSA claim for misappropriation of trade...more
As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more
Written Description of Therapeutic Efficacy - In two 2019 rulings, the Federal Circuit invoked the “written description requirement” of 35 U.S.C. § 112 to require evidentiary support for therapeutic efficacy. Now that the...more
Recently, the Ninth Circuit affirmed a matter of first impression holding that an alleged misappropriation of a trade secret that occurred before the Defend Trade Secrets Act (“DTSA”) was enacted in 2016 may form the basis...more