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Trade Secrets › Misappropriation › Counterclaims

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 -
Holland & Knight LLP

Attaching Confidential Settlement Agreement to Complaint Serves as Basis for Counterclaim

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Trade secret and contract claims often travel together. For example, a failed collaboration that involved the exchange of confidential information may result in the disclosing party alleging that the recipient both...more

AEON Law

Patent Poetry: Federal Circuit Issues Mixed Ruling on Blood Analyzer Trade Secrets

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The Federal Circuit has affirmed in part and reversed in part a district court ruling on an alleged misappropriation of trade secrets for blood analysis technology....more

Fox Rothschild LLP

A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created Equal

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A counterclaim plaintiff’s claims in a complex trade secret action involving the development of cell-cultured human milk suffered a rather pedestrian fate given the important technological stakes. The counterclaim defendants...more

McDermott Will & Emery

Noncompulsory Counterclaims Don’t Confer Appellate Jurisdiction

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The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally asserted patents. Teradata...more

Holland & Knight LLP

Court Denies Request for Attorneys' Fees Against Counterclaimant with Ill-Defined Trade Secret

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In a late-March 2023 decision out of the U.S. District Court for the Southern District of California, a court denied a plaintiff's request for attorneys' fees against a defendant who filed "objectively specious" counterclaims...more

Seyfarth Shaw LLP

A Little Knowledge Is a Dangerous Thing: Beware the Statute of Limitations in Trade Secrets Misappropriation Cases

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Seyfarth Synopsis: Knowledge that a competitor or former employee is misappropriating trade secrets is difficult to come by. At the same time, however, once a company has notice that misappropriation may be occurring, the...more

Holland & Knight LLP

Dividing Misappropriation Claim Among Different Trade Secrets Ineffective to Avoid Statute of Limitations

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In most states for certain claims, the statute of limitations is tempered by the "discovery rule," under which the limitations period does not start until the claimant knew or should have known of its claim against the...more

Seyfarth Shaw LLP

Can a Party Recover Damages for the Anticipated Future Use of Trade Secrets?

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Courts have long lamented that “computing damages in a trade secret case is not cut and dry,” Am. Sales Corp. v. Adventure Travel, Inc., 862 F. Supp. 1476, 1479 (E.D. Va. 1994), meaning that “every [trade secret] case...more

Genova Burns LLC

Appeals Court Tells Former Employees: Two Wrongs Don’t Make Them Right

Genova Burns LLC on

The Third Circuit skirted the issue as to the means by which the employer, Scherer Design Group (“SDG”) found out about the theft. In the end, the fact that an employer may have violated the common law by accessing private...more

Holland & Knight LLP

The UTSA and Preemption of Other Claims - A Trade Secret Claim By Any Other Name (Usually) Does Not Smell So Sweet

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In drafting initial pleadings, some litigators assert every cause of action that could possibly fit the facts, so as to protect their clients from every angle. This approach requires extra care when one of the claims arises...more

Morris James LLP

Magistrate Recommends Denying Dismissal Of State Law Claims As Moot

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Counter-defendants claimed that counterclaims 1(breach of contract), 4(breach of duty of loyalty), 5(tortious interference with contractual relations) and 6 misappropriation of trade secrets) are procedurally improper. The...more

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