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
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 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
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