Posts Tagged: trade secret misappropriation


Proprietary Techniques vs. Employee Rights: The struggle to balance competing interests

It’s football season, so of course we should be talking about beer. Specifically, beer secrets. For fourteen years James Clark had an enviable job at Anheuser-Busch, …
By James Pooley
8 months ago 1

Trade Secrets: Intellectual Property Considerations and Guidance for Start-Ups

Trade secret holders must take reasonable precautions to maintain the secrecy of their secrets, such as keeping such information on a “need-to-know” basis. Companies should have clear …

CAFC Affirms Invalidation of Water Recreation Device Patent Over Newman Dissent

In Zup v. Nash Manufacturing, ZUP filed suit, alleging contributory infringement and induced infringement of the patent-at-issue, trade secret misappropriation under Virginia law, and breach of contract.  …

Trade Secrets: Contempt proceedings put miscreant in jail for failure to provide information about misappropriation

Generally, a breach of confidence under English law does not give rise to criminal liability (and the recently implemented Trade Secrets Directive only addresses civil remedies for …
By Robert Williams & Will Smith
12 months ago 6

Enabling Technologies and the Underinvestment Problem

Certain innovations—known as enabling technologies—provide the foundation for progress across a range of industries. Enabling technologies include mobile wireless, the laser, CT scanners, the microprocessor, …
By David Teece
1 year ago 2

Jury Cannot Award Disgorgement of Profits in Trade Secret Misappropriation Cases

In Texas Advanced Optoelectronic Solutions v. Renesas Electrics, a jury found Renesas liable for both patent infringement and trade secret misappropriation. The jury awarded a reasonable royalty …

How Employers Can Better Protect Trade Secrets

Today, the biggest reason to have a strict regime in place to protect trade secrets, according to Gambhir, is because technology has made misappropriation of trade secrets …

Match Group Sues Bumble Over Patents, Alleges Former Tinder Employees Misappropriated Trade Secrets

Dallas, TX-based online dating app developer Match Group filed a suit in the Western District of Texas alleging claims of utility and design patent infringement, trademark infringement, …

Some Lessons From the Waymo (Alphabet) Versus Uber Theft of Trade Secret Litigation

Although the amount of the settlement was far less than $2.7 billion in amount sought by Waymo, the settlement apparently did include a payment from Uber of 0.34% of …
By Peter J. Toren
1 year ago 0

NuCurrent Alleges Patent Infringement After Samsung Feigns Interest in Business Relationship

Chicago, IL-based wireless power solutions provider NuCurrent filed a complaint alleging trade secret misappropriation and patent infringement against Korean tech giant Samsung Electronics (KRX:005930). The case, filed …
By Steve Brachmann
1 year ago 0

View from the Courtroom: What to Expect When You Try to Get a TRO in Your Unfair Competition Case

Experience shows that most unfair competition or trade secret theft issues can be resolved without the need for litigation; often, an exchange of letters between the parties’ …
By Steven Blackburn
2 years ago 3

Was America’s Industrial Revolution Based on Trade Secret Theft?

Is it reasonable to say that the U.S. got an unfair head start on the Industrial Revolution by stealing secrets from Britain? I don't think so. …
By James Pooley
2 years ago 17

Developing a Plan for Employee Departures in California

As discussed elsewhere in this Take 5, although California employers generally cannot restrict an employee’s ability to work elsewhere, California employers can protect their trade secrets and …
By Peter Steinmeyer
2 years ago 0

Critical Importance of Realistically Identifying and Protecting Trade Secrets and Confidential Information

California employers often face an upward battle when it comes to protecting against competitive activity by former employees... In order to safeguard their trade secrets, companies doing …

The Extraterritorial Reach of U.S. Trade Secret Law

The current extraterritorial reach of U.S. trade secret law may seem ironic given trade secret law’s “local” roots. In the United States, common law trade …