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Statute of Limitations › Summary Judgment › Trade Secrets

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Sunstein LLP

Trade Secret Rights May be Lost Because of A Failure to Review a Competitor’s Prior Art Patent Applications

Sunstein LLP on

A recent decision from a California federal district court should make patent prosecutors and their clients more alert when looking at recent prior art references: they may refer to patent applications filed by competitors...more

Mintz - Intellectual Property Viewpoints

Trade Secret Owners Need to Find the Facts Instead of Letting the Facts Find Them

Mintz - Intellectual Property Viewpoints on

Recent case law confirms that trade secret owners should proactively investigate any suspicions of theft, and if they do not, they may be at greater risk of being barred under the statute of limitations than they may expect....more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: January 2025

WilmerHale on

This month’s cases involve a cert petition to the U.S. Supreme Court on the extraterritorial application of the federal Defend Trade Secrets Act, a matter of first impression before the Court of Federal Claims, and a reminder...more

McDermott Will & Emery

Claims for Continued Trade Secret Misappropriation Allowed when Statute Permits Separate Accrual

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit reversed in part and affirmed in part a district court’s decision that a trademark owner’s infringement claims were time-barred, finding that Pennsylvania applies a separate...more

Knobbe Martens

Coda Development v. Goodyear Tire & Rubber

Knobbe Martens on

Federal Circuit Summary - Before Prost, Wallach, and Hughes. Appeal from the U.S. District Court for N.D. Ohio. Summary: On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to...more

McDermott Will & Emery

Interim Adverse Judgment Rule Averts Malicious Prosecution Claim

McDermott Will & Emery on

The California Supreme Court found that the denial of summary judgment in an underlying trade secrets misappropriation action established sufficient probable cause to bring an action under the California interim adverse...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Proskauer - California Employment Law on

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Seyfarth Shaw LLP

Satisfying the Computer Fraud and Abuse Act’s Jurisdictional Requirements Can Be Complicated

Seyfarth Shaw LLP on

The parties in a Computer Fraud and Abuse Act case moved for partial summary judgment. Among the issues were whether the plaintiff had incurred the requisite $5,000 in qualifying losses, and whether the complaint was...more

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