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
5/13/2025
/ Breach of Contract ,
Cal Code of Civil Procedure ,
Confidential Information ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Injunctions ,
Intellectual Property Litigation ,
Misappropriation ,
Motion to Dismiss ,
Summary Judgment ,
Trade Secrets
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
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
This month’s cases involve a cert petition to the U.S. Supreme Court on the extraterritorial application of the federal Defend Trade Secrets Act, a matter of first impression before the Court of Federal Claims, and a reminder...more
2/11/2025
/ Appeals ,
Court of Federal Claims ,
Defend Trade Secrets Act (DTSA) ,
Discovery ,
Federal Rules of Civil Procedure ,
Fifth Amendment ,
Intellectual Property Litigation ,
Jurisdiction ,
Misappropriation ,
Popular ,
SCOTUS ,
Statute of Limitations ,
Summary Judgment ,
Takings Clause ,
Trade Secrets
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
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
Courts have long interpreted Title 35 of the U.S. Code, Section 101, to bar patenting abstract ideas, laws of nature or natural phenomena.
But until six years ago, the U.S. Court of Appeals for the Federal Circuit's...more
On August 12, 2024, the Federal Circuit published its decision in Celanese International Corp. et al. v. International Trade Commission. The Federal Circuit concluded that, under the America Invents Act (AIA), patent claims...more
On October 15, 2020, the U.S. Court of Appeals for the Ninth Circuit held in InteliClear LLC v. ETC Global Holdings, Inc., that the federal Defend Trade Secrets Act (“DTSA”) requires trade secret plaintiffs to identify a...more
On May 7, Gov. Gavin Newsom announced in a press conference that the state was moving into Stage Two of a four-stage plan for reopening California that he had put forth only the prior week.
He characterized this transition...more
On May 7, 2020, Governor Gavin Newsom announced in a press conference that the state was moving into Stage 2 of a four-stage plan for reopening California that he had put forth only last week. He characterized this transition...more
Six weeks ago, California issued the nation’s first statewide shelter-in-place order in response to the growing COVID-19 pandemic. Although nearly every other state eventually followed suit in taking significant measures to...more
In response to the COVID-19 pandemic, governors of 49 states have issued executive orders restricting operations or closing categories of businesses and/or requiring residents to shelter-in-place. These orders vary...more
In the wake of the outbreak of a novel coronavirus disease (COVID-19), California state and local authorities have been at the forefront of issuing executive orders to institute measures to slow the spread of the virus....more
On March 9, 2020, the en banc U.S. Court of Appeals for the Ninth Circuit unanimously held in Skidmore v. Led Zeppelin that a copyright defendant’s “high degree of access” to a copyrighted work does not lower the plaintiff’s...more
3/12/2020
/ Appeals ,
Burden of Proof ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
En Banc Review ,
Jury Verdicts ,
Led Zeppelin ,
Music ,
Precedential Opinion ,
Reversal
On January 17, a divided panel of the U.S. Court of Appeals for the Ninth Circuit held in Juliana v. United States that a coalition of young people lacked standing to require the federal government to develop a plan to “phase...more
1/23/2020
/ Article III ,
Carbon Emissions ,
Citizen Suits ,
Climate Change ,
Coal Industry ,
Due Process ,
Energy Sector ,
Environmental Policies ,
Equal Protection ,
Greenhouse Gas Emissions ,
Injury-in-Fact ,
Motion to Dismiss ,
Oil & Gas ,
Petition For Rehearing ,
Standing ,
Subsidies
On September 28, California Governor Jerry Brown signed into law S.B. 1001, which makes it illegal “for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead...more
Federal trade secret litigation can be as costly and complex as patent litigation. Unlike patent litigation, however, there has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in...more