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
On June 7, 2024, the Court of Appeals for the DC Circuit in Medical Imaging & Technology Alliance et al. v. Library of Congress et al., No. 23-5067 (D.C. Cir.), vacated an earlier district court decision and held that rules...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
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