News & Analysis as of

Misappropriation IP Litigation

Holland & Knight LLP

Virginia Court of Appeals Reverses Historic Trade Secret Verdict

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A Fairfax County, Virginia, jury in May 2022 found that Pegasystems Inc. (Pegasystems) misappropriated trade secrets from its competitor, Appian Corp. (Appian), and awarded Appian more than $2 billion in damages – the largest...more

Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

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The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

Benesch

Trade Secrets/Non-Compete Quarterly Update - Q3 2022

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Compared to Q1 and Q2 of 2022, Q3 was relatively slow with respect to trade secret legislation and significant restrictive covenant awards and/or case law. Still, and as described below, two new statutes require a company’s...more

Holland & Knight LLP

Third Circuit Illuminates Several Issues in Trade Secret Litigation

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Two recent decisions by the U.S. Court of Appeals for the Third Circuit shed light on several recurrent issues that arise in trade secret litigation under the federal Defend Trade Secrets Act (DTSA) and related state acts....more

Nutter McClennen & Fish LLP

Massachusetts Court Bars “Reasonable Royalty” Evidence Based on Law of the Case Doctrine

After successfully appealing a judgement and obtaining a remand of its Chapter 93A claim to the Massachusetts BLS, the Governo Law Firm moved to admit expert testimony about a “reasonable royalty” measure of damages. Governo...more

Knobbe Martens

Jury Finds Benton Energy Liable for Patent Infringement and Awards Nearly $5 Million in Damages

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A jury determined that Benton Energy Service Co. infringed a patent for improved drilling in offshore oil wells owned by Cajun Services Unlimited...more

Dorsey & Whitney LLP

Sued for Posting a Meme – That Just Happened

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Last week, we blogged about Gigi Hadid getting sued for reposing a photo of herself on Instagram and the post received a lot of interest. So we thought we’d also let you know about Fiji Water Company, LLC getting sued for...more

WilmerHale

The Where, When and What of DTSA Appeals: Part 1

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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

Brooks Pierce

NC Supreme Court Reinforces Need for Precision in Trade Secret Misappropriation Claims

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Bringing a trade secret misappropriation claim in North Carolina may not be as easy as you think. In Krawiec v. Manly, the North Carolina Supreme Court recently made clear that any company seeking to protect its trade...more

Dickinson Wright

Dickinson Wright Defends Trek, Inc. – An Industrial Equipment Supplier – Against A Motion To Dismiss Or Transfer

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John S.Artz (Member, Troy) and Chelsea M. Smialek (Associate, Washington, D.C.), successfully defended against a motion to dismiss or transfer based on the first-to-file doctrine in a dispute between two suppliers of...more

Burns & Levinson LLP

Five Important Things to Consider When Facing IP Litigation

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Litigation can be necessary to prevent or remedy the misappropriation of a company’s most prized assets — its intellectual property (IP) rights. A company’s IP can include its products, technology, software, data and know...more

Carlton Fields

Jury Awards $58.7 Million for Trade Secret Misappropriation After Technology Disclosure Pursuant to NDA

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On March 6, in a U.S. District Court for the Eastern District of Texas case, Texas Advanced Optoelectric Solutions (TAOS) Inc. obtained a verdict against Intersil Corp. (Nasdaq: ISIL) for trade secret misappropriation, breach...more

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