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Trade Secrets

  • Federal Circuit: “Complete Identity of Inventive Entity” Required to Remove Prior Art as Not By “Another” Under Pre-AIA LawFederal Circuit: No Trade Secret Misappropriation By Goodyear nor Correction of Inventorship Warranted Because of Coda’s Failure to Show Specificity, Secrecy, or Evidence of Use

    January 01, 2026Jeffrey Ginsberg and Shelli Gimelstein
  • In today’s competitive marketplace, a company’s most valuable assets are often not found on its balance sheet. The proprietary formulas, customer databases, pricing models, and operational processes that give businesses their competitive edge represent intellectual capital that can literally be worth millions — or lost in an instant. As innovation drives business success, protecting these trade secrets has become critical to maintaining market position and profitability.

    June 30, 2025Richard Hathaway
  • This two-part article discusses the requirements for information to be considered a trade secret under U.S. law, focusing on courts’ continued use of the six-factor test outlined in the Restatement of Torts. Part One covered the evolving tests for establishing a trade secret, while Part Two examines the compatibility of those tests and potential considerations for litigators and legislators.

    May 31, 2025Richard Rothman
  • This two-part article discusses the proof required for information to be considered a trade secret under U.S. statutory law, and includes detailed insight into the six-factor test outlined in the Restatement of Torts. Part One includes the evolving tests for determining a trade secret.

    April 30, 2025Richard Rothman
  • Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case in which a claim under the DTSA was asserted.

    October 01, 2024Jie Gao and Hunter Hendrix
  • The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.

    July 24, 2024Steve Salkin
  • While it may be growing more difficult to protect business information with the FTC's noncompete ban, patents can provide strong protection over technical innovations, regardless of whether the inventor stays with the company or leaves.

    July 01, 2024Daniel E. Rose