Search results

Order by most recent / most popular / relevance

Results: 1-10 of 33

Don’t photograph the machines!

McDermott Will & Emery
-
USA
-
March 29 2013

Speaking to the Economic Espionage Act, 18 U.S.C., the U.S. Court of Appeals for the Sixth Circuit affirmed the convictions but reversed the

Pleading unjust enrichment does not support a claim for the underlying trade secret misappropriation

McDermott Will & Emery
-
USA
-
December 27 2012

Affirming dismissal of an unjust enrichment claim, the U.S. Court of Appeals for the Second Circuit upheld a summary judgment for the defendant concluding

Trade secret misappropriations accusations are not proof of a habit

McDermott Will & Emery
-
USA
-
August 30 2012

Finding that evidence of a prior accusation of trade secret theft was more prejudicial than probative, the U.S. Court of Appeals for the Sixth Circuit excluded, from a criminal trial, evidence of prior accusations of trade secret theft against two engineers

Let the jury decide trade secret misappropriation claim

McDermott Will & Emery
-
USA
-
August 30 2012

The U.S. Court of Appeals for the Federal Circuit, in reinstating trade misappropriation claims regarding infrared imaging technology, concluded that, in granting summary judgment and dismissing the trade secret misappropriation claims as time-barred, the district court erred by improperly resolving issues of material fact and drawing inferences in favor of the moving party

Resale pricing policies withstand state scrutiny again, but suppliers should continue to exercise caution

McDermott Will & Emery
-
USA
-
May 14 2012

A recent New York state appeals court decision highlights the need for suppliers to continue exercising caution when adopting and implementing a resale price maintenance policy

Online terms and conditions enforceable even if they conflict with the terms of a written agreement

McDermott Will & Emery
-
USA
-
February 29 2012

Addressing a conflict between language in a written agreement and online terms and conditions of sale, the United States Court of Appeals for the Ninth Circuit, in an unpublished opinion, upheld a district court decision to enforce the online terms and conditions rather than the written agreement where the online terms and conditions expressly stated that they governed in the event of such a conflict

Section 337 violation may be based on trade secret misappropriation occurring abroad

McDermott Will & Emery
-
USA
-
October 31 2011

By a 2-1 majority, the U.S. Court of Appeals for the Federal Circuit held that the U.S. International Trade Commission (ITC) properly found a violation of 337 based on a trade secret misappropriation claim where the alleged improper disclosure occurred entirely within a foreign country

Personal jurisdiction in trade secret cases

McDermott Will & Emery
-
USA
-
August 31 2011

Addressing the proper application of the due process clause, the U.S. Court of Appeals for the Eighth Circuit revived the plaintiff’s case for trade secret misappropriation, finding that a Spanish company’s contacts with Missouri were such that it should have reasonably anticipated being sued in Missouri

Broad injunctive relief and damage award for misappropriation of trade secrets upheld

McDermott Will & Emery
-
USA
-
July 31 2011

Considering a jury verdict holding that the defendants had misappropriated the plaintiff’s trade secrets by using the plaintiff’s source code to create competing audio conferencing products, the U.S. Court of Appeals for the Tenth Circuit affirmed the judgment for the plaintiff and scope of injunctive relief and the award of exemplary damages

Standing under California 17200 only requires injury from business practice

McDermott Will & Emery
-
USA
-
June 30 2011

Drawing upon recent California Supreme Court rulings, the U.S. Court of Appeals for the Federal Circuit reversed a California federal district court’s dismissal of claims under the state’s unfair competition law, finding the court had wrongly dismissed the claims for lack of standing

next >