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 Wesley Overson, Otis Littlefield, Mat Swiderski, and Stephanie Blij
Since the U.S. Supreme Court decided Mayo and Myriad, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?
By Kyle-Beth Hilfer
Two recent circuit court cases clarified copyright infringement of photographs on the Internet. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.
By Scott Graham
Stanford Law School made available to the public a database of every patent lawsuit that’s been filed since 2007.
By Howard Shire and Christine Weller
Mercedes Benz USA LLC v. Bombardier