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Damages › Intellectual Property Litigation › Breach of Contract

Mintz - Intellectual Property Viewpoints

Joint Development Agreements and Trade Secrets - Sweat the Small Stuff

Mintz - Intellectual Property Viewpoints on

Joint development, or “teaming agreements” regularly anticipate one party disclosing trade secret subject matter to its counterparty to facilitate the joint development effort. While most JDAs involve companies with distinct...more

McDermott Will & Emery

Ill-Gotten Gains: Unjust Enrichment Remedy Not Barred by Limitation of Liability Provision

McDermott Will & Emery on

Examining the issue of trade secret misappropriation when parties have contractually limited their liability from breach, the US Court of Appeals for the Eleventh Circuit reversed the district court’s dismissal of the case,...more

Proskauer - Trade Secrets

Eleventh Circuit Revives Trade Secret Misappropriation Claim in Long-Running Litigation

Proskauer - Trade Secrets on

On April 4, 2025, the Eleventh Circuit reversed the U.S. District Court for the Northern District of Alabama’s ruling dismissing Alabama Aircraft Industries’ (“AAI”) trade secret misappropriation claim against Boeing, thereby...more

McDermott Will & Emery

When Is a Trade Secret Accessible? As Soon as It Can Be Reverse Engineered

McDermott Will & Emery on

Although the US Court of Appeals for the Federal Circuit upheld a damages award for trade secret misappropriation and breach of a confidentiality agreement, it found that the district court erred in its determination of when...more

Morrison & Foerster LLP

Time to Assess the Damage: Implications from THJ Systems v. Sheridan

Morrison & Foerster LLP on

THJ Systems Ltd & Anor v. Sheridan & Anor [2024] EWHC 3195 (Ch) addressed two key issues in respect of damages related to (i) breach of contract and (ii) copyright infringement, following a determination of liability in...more

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