Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out. ...more
This month’s cases involve a cert petition to the U.S. Supreme Court on the extraterritorial application of the federal Defend Trade Secrets Act, a matter of first impression before the Court of Federal Claims, and a reminder...more
2/11/2025
/ Appeals ,
Court of Federal Claims ,
Defend Trade Secrets Act (DTSA) ,
Discovery ,
Federal Rules of Civil Procedure ,
Fifth Amendment ,
Intellectual Property Litigation ,
Jurisdiction ,
Misappropriation ,
Popular ,
SCOTUS ,
Statute of Limitations ,
Summary Judgment ,
Takings Clause ,
Trade Secrets
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
12/19/2024
/ Computer Fraud and Abuse Act (CFAA) ,
Counterclaims ,
Defend Trade Secrets Act (DTSA) ,
eBay Test ,
Federal Rules of Civil Procedure ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Permanent Injunctions ,
Preemption ,
Proprietary Information ,
Remedies ,
Standing ,
Statute of Limitations ,
TikTok ,
Trade Secrets ,
Uniform Trade Secrets Acts
On August 12, 2024, the Federal Circuit published its decision in Celanese International Corp. et al. v. International Trade Commission. The Federal Circuit concluded that, under the America Invents Act (AIA), patent claims...more
On May 11, 2024, the Defend Trade Secrets Act (DTSA) celebrated its eight-year anniversary. The DTSA’s enactment in 2016 marked a turning point in US trade secret protection. It gave parties seeking redress for...more
7/22/2024
/ Artificial Intelligence ,
Boeing ,
Calculation of Damages ,
Defend Trade Secrets Act (DTSA) ,
Extraterritoriality Rules ,
Federal Trade Commission (FTC) ,
HSBC ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Motorola ,
Non-Compete Agreements ,
Trade Secrets ,
Venue ,
Whistleblower Protection Policies ,
Whistleblowers
WilmerHale lawyers advise clients on every aspect of trade secret law from contracts to complex litigation. Below please find a short update on an important development in trade secret whistleblower protections in the...more
6/4/2024
/ Affirmative Defenses ,
Criminal Liability ,
Defend Trade Secrets Act (DTSA) ,
Immunity ,
Misappropriation ,
Non-Prosecution Agreements ,
Pilot Programs ,
State Pilot Programs ,
Theft ,
Trade Secrets ,
Whistleblower Protection Policies ,
Whistleblowers
As we previously reported, the Federal Trade Commission (FTC) announced on April 23, 2024, its Non-Compete Clause Rule (Final Rule), which aims to ban all new post-employment non-competition restrictions and invalidate most...more
With broad adoption of generative artificial intelligence tools, some commentators have suggested that trade secret law is the best means for protecting innovations.
Looking to trade secret law to protect AI is facially...more
You have invented a process for manufacturing a high-potency artificial sweetener. You are now faced with a critical business decision: how do you protect your intellectual property? You could keep your process a closely...more
Over the last few months, the Federal Trade Commission (FTC) has voiced an increasing interest in AI-generated content and copyright law. In an August 2023 Business Blog entitled “Can’t Lose What You Never Had: Claims About...more
Trade secret identification remains a hot button issue. Notwithstanding years of commentary and a statutory framework for trade secret identification in some states, including California, courts across the country continue to...more
Employee communications and use of company devices are often key issues in trade secret and related litigation. United States law, for the most part, has been very supportive of an employer’s ability to engage in aggressive...more