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Trade Secrets › Amended Complaints

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 -
Foley Hoag LLP

Growing Consensus that Trade Secret Claims Must Be Pleaded with Particularity in New York and Elsewhere

Foley Hoag LLP on

Under conventional pleading standards, courts generally allowed plaintiffs to describe their trade secrets with a level of generality when filing a complaint in a trade secret case. It often sufficed for plaintiffs to provide...more

Sheppard Mullin Richter & Hampton LLP

Striking the Balance Between Detailed Description and Unnecessary Disclosure of the “Secret” in Trade Secret Litigation Pleadings

Sheppard Mullin Richter & Hampton LLP on

When filing a claim for trade secret misappropriation under the Defend Trade Secrets Act (DTSA) or a state’s Uniform Trade Secrets Act (UTSA), it is essential to strike the proper balance between sufficiently describing an...more

McDermott Will & Emery

For Certain Not Secret Now: Court Declines to Seal Alleged Trade Secret in Amended Complaint

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a decision declining to seal information in an amended complaint where the defendant failed to prove that the information was a trade secret. DePuy Synthes Products,...more

Knobbe Martens

What’s Enough to Show Information Is “Trade Secret” for Filing Under Seal?

Knobbe Martens on

DEPUY SYNTHES PRODUCTS, INC. v. VETERINARY ORTHOPEDIC IMPLANT, INC. Before Prost, Clevenger, and Dyk. Appeal from the Middle District of Florida.  Summary: Internal efforts to maintain confidentiality are not enough...more

Knobbe Martens

Utility Patents: Another Strategy to Protect Your Beauty and Cosmetic Portfolio

Knobbe Martens on

On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant, LLC, 1:18-cv-00982 (W.D.Tex.), which approved the Joint Stipulation of...more

Orrick - Trade Secrets Group

Pleading “Sufficient Particularity”: Technical Trade Secrets Require More

Orrick - Trade Secrets Group on

It’s common sense that, to protect a trade secret, the information must remain secret. However, when trade secret misappropriation claims arise and litigation ensues, the court and the parties involved need to understand at...more

Mintz - Intellectual Property Viewpoints

Criminal Statute for Organized Crime Now Available to Combat Trade Secret Theft – But What is an Act of Trade Secret Theft under...

Mintz - Intellectual Property Viewpoints on

The DTSA standing alone provides significant recourse for trade secret owners who have fallen victim to trade secret theft. Apart from the protection provided by the DTSA itself, however, the statute also allows trade secret...more

McDermott Will & Emery

Stick to the Pleading when Deciding Motion to Dismiss

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a dismissal of a complaint for failing to state a claim under FRCP 12(b)(6), finding error in the district court’s use of judicial notice to do fact-finding outside the...more

Seyfarth Shaw LLP

10th Circuit Affirms that Employer Failed to Show How Past Harm Signified Future Irreparable Harm in Support of Preliminary...

Seyfarth Shaw LLP on

On December 28, 2018, a three-judge panel of the Tenth Circuit Court of Appeals affirmed the holding by the U.S. District Court for the District of Colorado denying the plaintiff’s, DTC Energy Group, Inc. (“DTC Energy”),...more

Verrill

Take That Down: Recent Lawsuit on Negative Reviews

Verrill on

“Beer: The cause and solution to all of life’s problems.” Mr. Homer J. Simpson would love the recent case of a Massachusetts craft beer company that has been trying in federal court to get the employment website Glassdoor...more

Seyfarth Shaw LLP

Court Allows Plaintiff to Amend Complaint to Add Defend Trade Secrets Act Claim After Discovery Reveals Alleged Continued...

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A Northern District of California court recently held a plaintiff could amend its complaint to add a Defend Trade Secrets Act (“DTSA”) claim when discovery showed continued misappropriation after the enactment of the DTSA on...more

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