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Misappropriation › Intellectual Property Litigation › Royalties

McDermott Will & Emery

What’s Shaking? Not an Interlocutory Appellate Decision on Damages

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit dismissed and remanded a district court certified interlocutory appeal concerning the standard for calculating a reasonable royalty under the Defend Trade Secrets Act (DTSA). The...more

DLA Piper

Relevance of Trade Secret Ownership for Misappropriation: I-Mab Biopharma v. Inhibrx Inc.

DLA Piper on

In I-Mab Biopharma v. Inhibrx, Inc., a trade secret misappropriation case, a federal jury in Delaware sided with the defendants, Inhibrx and its co-founder Brendan Eckelman, on all counts. The jury found no existence of a...more

Axinn, Veltrop & Harkrider LLP

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

Axinn, Veltrop & Harkrider LLP on

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

Orrick - Trade Secrets Group

Ajaxo v. E*Trade: How (Not) to Prove a Reasonable Royalty for Trade Secret Misappropriation

Orrick - Trade Secrets Group on

The latest appellate decision in the nearly 20-year legal battle between Ajaxo and E*Trade highlights the importance of expert discovery and a well-developed trial court record for a plaintiff attempting to claim reasonable...more

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