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Intellectual Property Litigation Misappropriation

McDermott Will & Emery

Insuring Innovation: Software Code May Be Protected as an Arrangement

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The US Court of Appeals for the Eleventh Circuit once again remanded a trade secret and copyright dispute involving software for generating life insurance quotes, finding that the district court erred by failing to consider...more

Proskauer - Trade Secrets

EV Trade Secrets Litigation Series: Tesla v. Rivian – A High-Stakes Legal Showdown

Continuing our series on electric vehicle (EV) trade secret litigation, see here and here, a California judge has tentatively given Tesla the green light to proceed with a trial against rival Rivian in March of 2025. This...more

Faegre Drinker Biddle & Reath LLP

Virginia: Trade Secret Plaintiffs Must Prove Unjust Enrichment Damages

The Virginia Court of Appeals reversed a $2 billion jury award for trade secret misappropriation under the Virginia Uniform Trade Secrets Act (VUTSA). The appellate court found error in the jury instruction for unjust...more

Faegre Drinker Biddle & Reath LLP

Trade Secret Remedies After Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd.

This is the second of two updates on the impact of Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd., No. 22-2370, ___ F.4th ___ (7th Cir. 2024) on trade secret cases. The first update focused on the...more

WilmerHale

2024 Trade Secret Update: A Look at Recent Trade Secret Developments & Trends

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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

Erise IP

What’s Trending in Trademarks, June 2024: Toms Shoes Says Unauthorized Seller is Hurting Its Brand, Supreme Court Passes on...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Toms...more

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

Irwin IP LLP

District Court Injects Six Errors into Four-Factor Preliminary Injunction Test 

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Insulet Corp. v. EOFlow, Co. Ltd., 2024-1137 (Fed. Cir. June 17, 2024) - The Court of Appeals for the Federal Circuit (“CAFC”) recently reversed the U.S. District Court for the District of Massachusetts (“District...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

Irwin IP LLP

The Pitfalls of Proprietary Information: Boeing Hit With $72M Trade Secrets Verdict  

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Zunum Aero, Inc. v. The Boeing Company et al., No. 2:21-CV-00896-JLR, (W.D. Wash. May 30, 2024) - A Washington jury recently issued a $72 million verdict in favor of Zunum Aero Inc. (“Zunum”), a now-defunct aerospace...more

Proskauer - Trade Secrets

Plead Your Case, Not Your Secrets: A Discussion of Recent Trade Secret Complaints

Taking legal action to protect a trade secret is unlike other intellectual property litigation since what you’re trying to protect is a secret. Plaintiffs must navigate a fine line between pleading their complaint with enough...more

Mitchell, Williams, Selig, Gates & Woodyard,...

How Can I Defend Myself Against a Claim of Misappropriation of Trade Secrets?

How can you defend yourself if you are accused of misappropriation of trade secrets? This is a complex area of the law and there is no one-size-fits-all defense. Developing a strategy to successfully defend against a claim...more

Faegre Drinker Biddle & Reath LLP

Under New York Law, Trade Secret Damages Must Reflect Plaintiff’s Actual Loss, Not Just Defendant’s Wrongful Gain

A recent trade secret case from New York highlights the importance of how damages are calculated and emphasizes the need to conform those damages calculations to the applicable standards in your jurisdiction. In Syntel...more

Irwin IP LLP

L’Oreal Gets Trade Secrets Case Out of its Hair When Judge Chops Case for Litigation Misconduct

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Metricolor LLC v. L’Oreal USA, Inc., 18-cv-00364 (C.D. Cal. March 29, 2024) - This week, the United States District Court for the Central District of California (the “Court”) granted L’Oreal’s motion for terminating...more

Axinn, Veltrop & Harkrider LLP

A Rare Bird? TriZetto Collects $14.5M in Attorneys' Fees but No Trade Secret Damages

A claimant's recovery of attorneys' fees in a trade secret action ordinarily reflects an overwhelming success at trial. The claimant would have necessarily proved (at least under federal law) that its trade secret had been...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tech Company Trade Secret Showdown: Lessons from a Significant AI Related Trade Secret Case

In the fast-paced world of tech litigation, one case stands out for its implications on trade secrets and intellectual property rights: Neural Magic, Inc. v. Meta Platforms, Inc. and Aleksandar Zlateski. This federal court...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Are Customer/Client Lists Protectable Trade Secrets?

Are customer/client lists protectable trade secrets in Arkansas? It depends. Answering this question involves looking closely at the facts and circumstances of each situation. There is some case law examining the legal...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

Faegre Drinker Biddle & Reath LLP

Court Allows Investors’ Claims to Proceed Based on Defendant’s Statement That Trade Secret Claim Was “Without Merit”

The Trade Secret Litigation: Appian v. Pegasystem - The trade secret case Appian v. Pegasystem made headlines in 2022 when a jury awarded software company Appian more than $2 billion in damages for its competitor Pega’s...more

McDermott Will & Emery

Noncompulsory Counterclaims Don’t Confer Appellate Jurisdiction

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The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally asserted patents. Teradata...more

Bodman

Who Owns Knowledge?

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You may have recently heard that the heads of two mega-tech companies, Meta and the company formerly known as Twitter, have exchanged accusations. No, we are not referring to the potential “cage match” but to the allegation...more

Seyfarth Shaw LLP

Not All Documents Labeled Confidential Actually Are: Texas Jury Finds $23M Trade Secret Case Was Brought in Bad Faith

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On May 31, 2023, a Harris County Texas District Court jury found a telecom company acted in bad faith by filing a $23 million trade secret misappropriation lawsuit against a rival where the underlying technology was found to...more

Seyfarth Shaw LLP

Second Circuit Vacates Jury Award on Grounds that Damages Theory Lacked Evidence

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On May 25, 2023, the Second Circuit issued an opinion in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group, Inc., No. 21-1370 (2d Cir. 2023) that provides guidance regarding recoverable damages in trade secret...more

Fisher Phillips

3 Major Points to Consider When Deciding Whether to Sue Over Restrictive Covenants and Trade Secret Violations

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Restrictive covenant and trade secret litigation is on the rise, and it typically involves an extremely public dispute that can require you to expend significant resources without any certainty of a favorable outcome....more

Mintz - Intellectual Property Viewpoints

I Spy a Trade Secret: Conducting Proper Trade Secret Asset Management Review to Avoid Sufficiency Failure in Litigation

A recent trade secret matter pending in federal court in California shows the pitfalls of a company’s failing to do trade secret asset management before filing a trade secret lawsuit, and also highlights some important...more

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