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Intellectual Property Litigation Defend Trade Secrets Act (DTSA) Confidential Information

Haug Partners LLP

Specificity Required for Trade Secret Protection under the DTSA: An Attempt to Protect “Confidential Information” Dooms...

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On June 17, 2024, the Federal Circuit issued a precedential opinion reversing a preliminary injunction imposed in a trade secret case, explaining that the district court abused its discretion by, inter alia, failing to fully...more

Epstein Becker & Green

Update On Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News

As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more

Fenwick & West LLP

Federal Circuit Provides Guidance on Trade Secrets Issues

Fenwick & West LLP on

Every once in a while, the U.S. Court of Appeals for the Federal Circuit handles a trade secrets case. In a decision published Monday, the court reversed the grant of a preliminary injunction relating to insulin pump patches....more

Proskauer - Minding Your Business

Court Rules that Patient List and Related Medical Practice Information Qualify as Trade Secrets

The 2016 enactment of the Defend Trade Secrets Act (“DTSA”) has led to an increase in trade secret litigation. The DTSA codified into federal law the right of an owner of a trade secret to sue in federal court when its trade...more

Seyfarth Shaw LLP

Recent Hot Topics and Developments in Trade Secrets Law

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There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below....more

Wilson Sonsini Goodrich & Rosati

Are Trade Secret Takedowns Real or a Myth?

When you publish electronic software, you frequently worry about copyright infringement. What if your game used sounds, graphics, text, or code from another game? If a competitor believes your game violates copyright, it...more

Jenner & Block

Understanding and Litigating Trade Secrets: An Outline for Analyzing the Statutory and Common Law of Trade Secrets In Illinois

Jenner & Block on

Since the first edition of this outline was published in 2009 and the second and third editions were published in 2014 and 2017, Illinois case law addressing the protection of confidential and trade secret information has...more

Jones Day

Navigating Trade Secret Identification During Discovery: Timing & Scope

Jones Day on

A trade secret derives its value by being kept secret, yet a trade secret owner is required to identify its trade secret at some point during litigation to apprise the defendant as to what information was allegedly...more

Mintz - Intellectual Property Viewpoints

The Trade Secret Seesaw: After the Economy Goes Down, Cases Go Up

An economic downturn usually leads to a rise in trade secret theft and litigation, and conditions are ripe for a major surge in cases from the current slump, given widespread job losses and companies’ embrace of remote...more

Seyfarth Shaw LLP

A Decade of Data Whets the Appetite for Data Nerds: Lex Machina Releases 2020 Report on Trade Secret Litigation

Seyfarth Shaw LLP on

Legal analytics powerhouse Lex Machina recently released its 2020 Trade Secret Litigation Report, which highlights federal litigation trends in the last decade, as well as the last year specifically. ...more

Seyfarth Shaw LLP

Trade Secret Litigation on the Rise in California: How ADR Can Help

Seyfarth Shaw LLP on

Trade secret litigation in California is growing, in both volume and impact. The second-largest plaintiffs’ verdict in 2019 was $845 million, as reported by the Daily Journal, which was awarded to ASML, a Dutch semiconductor...more

Orrick - Trade Secrets Group

Two Wrongs Don’t Make a Right – Trade Secrets Saga Concludes With No Damages Awarded

On Wednesday, a federal jury in the Eastern District of Texas declined to award any damages to Huawei Technologies Co., the world’s largest telecommunications company, stemming from its allegations of trade secret theft,...more

Seyfarth Shaw LLP

Hold My Beer: Ninth Circuit Hears Oral Argument In Trade Secret/Anti-SLAPP Row For A Second Time

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A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former...more

Orrick - Trade Secrets Group

Banking On Standard Operating Protocols As Trade Secrets

In a testament to the wide breadth of potential trade secret protection to any number of industries, a court in the Western District of Washington denied a 12(b)(6) motion to dismiss Seattle Sperm Bank’s (SSB) DTSA and...more

Orrick - Trade Secrets Group

Engineering A DTSA Claim: District Court Allows Broad Allegations To Survive Motion To Dismiss

The strange contraption in this photo is at the heart of a recent decision regarding the pleading standard for DTSA claims. ...more

Seyfarth Shaw LLP

Popular Insulated Cup Manufacturer In Hot Water Over Alleged Trade Secret Misappropriation

Seyfarth Shaw LLP on

Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more

Orrick - Trade Secrets Group

Making a Federal Case Out of It: What Does the DTSA’s “Interstate Commerce” Limitation Mean?

We’ve blogged a lot about the Defend Trade Secrets Act in the roughly year-and-a-half period since the law was enacted. Our coverage has run the gamut: from the first jury verdict under the DTSA, to the U.S. Patent and...more

Orrick - Trade Secrets Group

Worse Than A Toothache: Dental Executive Alleged To Have Misappropriated Proprietary Business Leads

Earlier this month, a Nashville, Tennessee company filed a federal lawsuit against its former employee alleging trade secrets misappropriation under the Defend Trade Secrets Act, among other claims. ...more

Fish & Richardson

Series: Defend Trade Secrets Act | Stopping Further Leaks: Protecting Trade Secrets While Litigating Misappropriation

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Trade secrets derive their commercial value from being secret. When trade secrets are misappropriated, litigation may be necessary to stop a competitor from exploiting them in the marketplace. Yet litigating...more

McDonnell Boehnen Hulbert & Berghoff LLP

New York v. Aleynikov: New York State’s Penal Code (Like Federal Criminal Law) Does Not Cover Electronic Reproduction of Source...

In 2009, Sergey Aleynikov was a computer programmer employed by Goldman Sachs to write high-frequency trading code. He accepted an offer to join a new Chicago-based company, Teza Technologies. Before he left Goldman Sachs,...more

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