Deorbiting Your Own Intellectual Property Fight

Brownstein Hyatt Farber Schreck
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Ponder, for a moment, the following hypothetical. You develop specialized technology for in-orbit robotic satellite assembly, repair and servicing. You store the technology at a theoretically secure customer site—a NASA research center. A competitor’s employee accesses the technology during a period of competitive bidding for NASA contracts. The technology may allow the competitor to undercut your costs and technical competitive advantage. Hypothetical? Not for Space Systems/Loral. The result; a lawsuit, Space Systems Loral v. Orbital ATK.2 SSL asserts that an Orbital employee viewed and distributed SSL trade secrets. Orbital has fired the employee. Whatever the result, the litigation means that both SSL and Orbital are at a minimum dealing with an expensive distraction to their business models.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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