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Preliminary Injunctions UTSA

Sheppard Mullin Richter & Hampton LLP

Insufficient Evidence: Fifth Circuit Affirms Denial of Preliminary Injunction for Trade Secret Misappropriation

While preliminary injunctions are not uncommon in trade secrets misappropriation cases, a recent Fifth Circuit decision highlighted the importance that the movant put forth colorable evidence of misappropriator “use” of the...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Deems Algorithm Potentially Valid Trade Secret Notwithstanding Prior Publication

On January 24, 2022, the Federal Circuit affirmed the grant of a preliminary injunction blocking the publication of a patent application on the basis that it contained the plaintiff, Masimo Corp.’s trade secrets. Masimo Corp....more

Holland & Knight LLP

A Dismissal Without Prejudice May Not Support Fee Award Under the DTSA

Holland & Knight LLP on

In a case of first impression, Judge Gregg Costa of the Fifth Circuit, affirming a lower court decision, held that a dismissal without prejudice of a Defend Trade Secrets Act (DTSA) case does not support a prevailing-party...more

Morrison & Foerster LLP

Employment Law Commentary - Volume 28, Issue 6 - June 2016

The Defend Trade Secrets Act – What Employers Need To Know Right Now - Trade secrets are a critical component of the intellectual property of a company, either standing alone or as a complement to a company’s patent...more

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