News & Analysis as of September 21, 2024

Summary Judgment

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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 -

Two Sides of a Different Coin: Separating Businesses and Subsidiaries for Liability Protection

Proskauer - Minding Your Business on 8/18/2023

A parent corporation is typically not held liable for the acts of a subsidiary. As such, disregarding the corporate form (i.e., by piercing the corporate veil) and holding the parent liable is an extraordinary remedy. That...more

If You Can’t Say a Secret under an NDA, Don’t Say It at All

McDermott Will & Emery on 7/27/2023

Considering a trade secret misappropriation claim involving a business pitch that was not subject to a non-disclosure agreement (NDA), the US Court of Appeals for the Sixth Circuit affirmed a district court’s summary judgment...more

Unfashionably Late: Seventh Circuit Rejects Misappropriation Claim Premised On Prototype Created Eleven Years Prior

Sheppard Mullin Richter & Hampton LLP on 8/22/2022

The Seventh Circuit recently affirmed summary judgment in favor of a former employee and his new employer on claims for misappropriation of trade secrets relating to a prototype of an actuator created eleven years prior,...more

Boat Designer’s Speculation Sinks Its Trade Secrets Case

Fenwick & West LLP on 8/17/2022

In June 2022, the Court of Appeals of North Carolina granted summary judgment (Elite Vehicles v. Lee) for a trade secret misappropriation defendant after the plaintiff principal admitted in deposition that it was “possible”...more

Too Little Too Late: No Tenable Misappropriation Claim Based on 11-Year-Old Prototype

McDermott Will & Emery on 8/12/2022

In a dispute between an employer and a former employee, the US Court of Appeals for the Seventh Circuit affirmed a district court’s grant of summary judgment against an employer asserting trade secret misappropriation and...more

Half-Baked Case: No Misappropriation or False Advertising Given Over-Broad Allegations

McDermott Will & Emery on 3/31/2022

The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a defendant baker on a trade dress infringement claim and reversed the district court’s denial of the defendant...more

Is Lawful Possession of a Trade Secret Enough for Standing to Sue for Misappropriation?

Sheppard Mullin Richter & Hampton LLP on 6/29/2021

You may be able to bring a misappropriation of trade secrets claim even if you do not actually own the misappropriated trade secret. A growing number of federal cases indicate ownership of a trade secret may not be required...more

Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

Farella Braun + Martel LLP on 2/10/2021

Exploring business partnerships often involves or even requires sharing highly confidential trade secret information. The data center industry is no exception, and its participants have in recent years faced litigation...more

Illinois Appellate Court Upholds Sanctions Against Radio Advertiser For Bad Faith Trade Secrets Claims

Sheppard Mullin Richter & Hampton LLP on 1/22/2021

The recent case of Multimedia Sales & Marketing, Inc. v. Marzullo, et al., — N.E.3d —-, 2020 IL App (1st) 191790 (1st Dist. Dec. 21, 2020), demonstrates the peril that attorney fees sanctions present for litigants who bring...more

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

Sheppard Mullin Richter & Hampton LLP on 11/25/2020

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

A Clear Need: To Allege Misappropriation, Identify Trade Secret

McDermott Will & Emery on 10/30/2020

The US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment, finding that the plaintiff had sufficiently pled trade secret misappropriation by identifying its trade secrets and how they...more

Jury Awards Olaplex More Than $24 Million for L’Oreal’s Willful Patent Infringement; Court Immediately Enters Permanent Injunction

Knobbe Martens on 8/29/2019

Olaplex sued L’Oreal for infringing U.S. Patent Nos. 9,498,419 and 9,668,954 and asserted related breach of contract and misappropriation of trade secret claims. The patents relate to systems to protect hair from damage...more

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

McDermott Will & Emery on 8/13/2019

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

Summary Judgment of No Misappropriation Due to Failure to Follow Confidentiality Marking Requirements

Holland & Knight LLP on 7/11/2019

A recent summary judgment opinion out of the Northern District of Texas provides a good reminder to trade secret stakeholders – follow the labeling requirements set forth in your confidentiality provisions or, alternatively,...more

In re: Muhs “Willful and Malicious” Does Not Mean “Willful and Malicious”

Rosenberg Martin Greenberg LLP on 5/30/2019

In In re Muhs, the United States Court of Appeals for the Fourth Circuit was called upon to decide whether “the meaning of ‘willful and malicious’ under Alaska law is identical to the meaning of ‘willful and malicious’ under...more

Coda Development v. Goodyear Tire & Rubber

Knobbe Martens on 2/28/2019

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

Are Mom-And-Pop Companies Treated Differently When It Comes To Abandoning Trade Secrets? A Federal Court In Illinois Says Yes.

Seyfarth Shaw LLP on 11/21/2018

A small, Chicago-based magnetic picture frame developer’s claims for trade secret misappropriation against a photo album manufacturer will be headed to trial after an Illinois federal district court largely denied the...more

California Appellate Panel Affirms Injunction Blocking Use Of Employee Non-Solicitation Provision In Dispute Between Travel Nurse...

Seyfarth Shaw LLP on 11/14/2018

On November 1, 2018, the California Court of Appeal, Fourth Appellate District affirmed a trial court’s ruling in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. et al., Case No. D071924, Cal. App (2018) which (1)...more

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Trade Secrets › Misappropriation › Summary Judgment

Two Sides of a Different Coin: Separating Businesses and Subsidiaries for Liability Protection

If You Can’t Say a Secret under an NDA, Don’t Say It at All

Unfashionably Late: Seventh Circuit Rejects Misappropriation Claim Premised On Prototype Created Eleven Years Prior

Boat Designer’s Speculation Sinks Its Trade Secrets Case

Too Little Too Late: No Tenable Misappropriation Claim Based on 11-Year-Old Prototype

Half-Baked Case: No Misappropriation or False Advertising Given Over-Broad Allegations

Is Lawful Possession of a Trade Secret Enough for Standing to Sue for Misappropriation?

Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

Illinois Appellate Court Upholds Sanctions Against Radio Advertiser For Bad Faith Trade Secrets Claims

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

A Clear Need: To Allege Misappropriation, Identify Trade Secret

Jury Awards Olaplex More Than $24 Million for L’Oreal’s Willful Patent Infringement; Court Immediately Enters Permanent Injunction

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

Summary Judgment of No Misappropriation Due to Failure to Follow Confidentiality Marking Requirements

In re: Muhs “Willful and Malicious” Does Not Mean “Willful and Malicious”

Coda Development v. Goodyear Tire & Rubber

Are Mom-And-Pop Companies Treated Differently When It Comes To Abandoning Trade Secrets? A Federal Court In Illinois Says Yes.

California Appellate Panel Affirms Injunction Blocking Use Of Employee Non-Solicitation Provision In Dispute Between Travel Nurse...

Storage of Confidential Information on Executive’s Personal Devices Impedes Trade Secret Protection

Don’t Rock The Boat: Eleventh Circuit Sinks Boatmaker’s Trade Secrets Claims Against Rival

Common Software Licensing Language at Issue in IP Dispute

Intellectual Property Bulletin - Summer 2018

Pushing The Envelope: Eight Circuit Seals The Fate Of Envelope Company’s Trade Secret Claims

Bread Company Litigation Over “Grandma’s Recipe” Ends With $2.1 Million Trade Secrets Verdict

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Trade Secrets › Misappropriation › Summary Judgment

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