Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription.
How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court’s viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.
In today’s strong economy, where employee mobility is common, courts are finding their case dockets crowded with misappropriation lawsuits under the Defend Trade Secrets Act (DTSA) (18 U.S.C. §1836 et seq.) and state trade secret laws. Many of these cases have the same fact pattern: an unhappy employee decides to leave for a better job, but not before downloading from his or her work computer company information and walking out the door with it. The former employer files a lawsuit against the employee (and often the new employer) in federal court under the DTSA. The defendants then elect to file a motion to dismiss the complaint, alleging that the plaintiff did not sufficiently allege the existence of a trade secret.
By Karen Hoffman Lent and Kenneth Schwartz
The DOJ’s intervention, and the judge’s ultimate decision, has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.
By Nicole D. Galli
In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.
By Scott Graham
Fifteen states had argued that they and their public universities shouldn’t have to expose their patents to validity review at the patent trial and appeal board.
By Jeffrey S. Ginsberg and Abhishek Bapna
Federal Circuit Finds District Court Erred in Analysis of Motivation to Combine Prior Art References, Yet Affirms Ultimate Conclusion of Non-obviousness Due to the Lack of a Reasonable Expectation of Success
Federal Circuit Rules that Issue Preclusion Bars a Party from Arguing in an Appeal of an Inter Partes Review Decision an Issue Previously Decided in Another Inter Partes Review Proceeding that Was Not Appealed