On April 18, 2025, the Federal Circuit published an opinion in Recentive Analytics, Inc. v. Fox Corp. holding that patents claiming the application of existing machine learning models “to new data environments, without...more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
12/19/2024
/ Computer Fraud and Abuse Act (CFAA) ,
Counterclaims ,
Defend Trade Secrets Act (DTSA) ,
eBay Test ,
Federal Rules of Civil Procedure ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Permanent Injunctions ,
Preemption ,
Proprietary Information ,
Remedies ,
Standing ,
Statute of Limitations ,
TikTok ,
Trade Secrets ,
Uniform Trade Secrets Acts
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
7/22/2024
/ Artificial Intelligence ,
Boeing ,
Calculation of Damages ,
Defend Trade Secrets Act (DTSA) ,
Extraterritoriality Rules ,
Federal Trade Commission (FTC) ,
HSBC ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Motorola ,
Non-Compete Agreements ,
Trade Secrets ,
Venue ,
Whistleblower Protection Policies ,
Whistleblowers
With broad adoption of generative artificial intelligence tools, some commentators have suggested that trade secret law is the best means for protecting innovations.
Looking to trade secret law to protect AI is facially...more
You have invented a process for manufacturing a high-potency artificial sweetener. You are now faced with a critical business decision: how do you protect your intellectual property? You could keep your process a closely...more
Over the last few months, the Federal Trade Commission (FTC) has voiced an increasing interest in AI-generated content and copyright law. In an August 2023 Business Blog entitled “Can’t Lose What You Never Had: Claims About...more
Trade secret identification remains a hot button issue. Notwithstanding years of commentary and a statutory framework for trade secret identification in some states, including California, courts across the country continue to...more