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Trade Secrets › Federal Rules of Civil Procedure

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Holland & Knight LLP

Third Circuit Illuminates Several Issues in Trade Secret Litigation

Holland & Knight LLP on

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

Sheppard Mullin Richter & Hampton LLP

Trade Secret Takeaways from the Ninth Circuit’s Decision in InteliClear, LLC v. ETC Global Holdings, Inc.

Sheppard Mullin Richter & Hampton LLP on

Courts often require a plaintiff to identify a trade secret with reasonable particularity before commencing discovery (and it is a statutory obligation in California). But frequently a trade-secret plaintiff does not know...more

McDermott Will & Emery

Stick to the Pleading when Deciding Motion to Dismiss

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a dismissal of a complaint for failing to state a claim under FRCP 12(b)(6), finding error in the district court’s use of judicial notice to do fact-finding outside the...more

Holland & Knight LLP

Pre-Discovery Trade Secret Identification Under The DTSA

Holland & Knight LLP on

A previous post on this blog (Nov. 21, 2018) analyzed state laws that require a plaintiff suing for trade secret misappropriation to identify its alleged trade secret(s) with particularity, before discovery begins. As...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2019

Fenwick & West LLP on

Deregulation is the New Buzzword in Washington — Except in the Tech Industry - The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have...more

Jones Day

Don’t Wait For Service Under the Federal Rules – Go to the ITC

Jones Day on

One of the advantages of bringing a dispute to the ITC is the ease with which service of process can be accomplished against foreign respondents. Unlike in district court, the rules at the ITC merely require that the ITC mail...more

Foley & Lardner LLP

Pleading a Claim for Misappropriation of Trade Secrets in California: A Problem of Particularity

Foley & Lardner LLP on

Recent decisions in California raised the question of whether a party asserting a claim for misappropriation of trade secrets must, in its pleadings, define the trade secrets at issue with particularity. The cases variously...more

Morrison & Foerster LLP - MoFo@ITC

Organik Kimya v. ITC: Federal Circuit Affirms Dispositive Sanctions For Bad Faith Spoliation of Evidence

Morrison & Foerster LLP - MoFo@ITC on

On February 15, 2017, the Federal Circuit affirmed the Commission’s imposition of severe, case dispositive sanctions on Respondents for bad faith spoliation of evidence as well as the issuance of a 25-year limited exclusion...more

Mintz - Intellectual Property Viewpoints

The DTSA and Civil Seizure Under Federal Rule of Civil Procedure 65

Mintz - Intellectual Property Viewpoints on

The Defend Trade Secrets Act (DTSA) civil seizure mechanism provides victims of trade secret theft with a tool to immediately freeze dissemination of stolen proprietary information. Using civil seizure, a court may direct...more

Mintz - Intellectual Property Viewpoints

District Court Finds General Description of Trade Secret Sufficient to Satisfy Pleading Standard under Defend Trade Secrets Act

Mintz - Intellectual Property Viewpoints on

An important question for any plaintiff alleging trade secret misappropriation is: “How much detail should I provide about the stolen trade secrets in the complaint?” Answering this question often requires the balancing of...more

Orrick - Trade Secrets Group

Amendment to Federal Criminal Procedural Rule Could Impact Trade Secret Cases

Orrick - Trade Secrets Group on

Much attention, including here at Trade Secrets Watch, has been focused in recent weeks on the Defend Trade Secret Act (“DTSA”), which overwhelmingly passed both houses of Congress in April and was signed into law by...more

BakerHostetler

Balancing Transparency and Secrecy in Class Action Settlements

BakerHostetler on

Companies have the right to protect their trade secrets against public disclosure, while class action members (and the judges who must determine the fairness and adequacy of proposed class action settlements) have the right...more

Blank Rome LLP

Seeking Injunctive Relief: How Irreparable Harm Has Been Analyzed in Federal and State Courts

Blank Rome LLP on

One of the most important considerations New Jersey practitioners encounter when seeking injunctive relief is where to file: state (Chancery Division) versus federal (district) court. In non-emergent complex litigation, this...more

Troutman Pepper

Rebalancing Your IP Portfolio

Troutman Pepper on

Financial advisors often advise their clients to maintain a balanced investment portfolio. Occasionally these advisors recommend rebalancing the investments within a portfolio to account for changes in market conditions. ...more

Orrick - Trade Secrets Group

Former Licensee Knocks Wind Out Of Sail Manufacturer’s Trade Secrets Claims

Orrick - Trade Secrets Group on

In the fiercely competitive world of professional sailing, every second matters. And, as with any sport, competitors look to gain any advantage they can by getting their hands on the latest equipment, fine-tuned to give them...more

Orrick - Trade Secrets Group

The House Introduces Another Trade Secrets Bill: Is It Really Any Better Than Before?

Orrick - Trade Secrets Group on

The Trade Secrets Act of 2014 (H.R. 5233) was introduced in the House by Congressman George Holding on July 29, 2014. Representatives Steve Chabot (R-OH), Howard Coble (R-NC), John Conyers (D-MI), Hakeem Jeffries (D-NY), and...more

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