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Court declines to stop defendant from seeking to obtain public records that contain plaintiff's trade secrets

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • December 30 2010

A federal court recently declined to issue a blanket injunction to thwart the defendant's campaign to obtain trade secrets information through public records requests, stressing the right and importance of access to public records

Michigan court orders corporation to reveal facts regarding potential misappropriation

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 1 2011

Entities do not have the right to claim a privilege against self-incrimination

Court of Federal Claims details how to compute damages for misappropriation of an asset that has no readily ascertainable market value

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • March 8 2011

A few years after ruling that the Air Force violated the confidentiality clauses of contracts with a government contractor by disclosing its proprietary information relating to the manufacturing process for a conveyor used in assembling smart bombs weighing more than a ton each, the Court of Federal Claims recently determined the contractor’s damages

Massachusetts judge finds statutory trade secrets misappropriation, despite contrary jury verdict in parallel common law action, and awards plaintiff draconian injunctive relief and millions of dollars in damages, fees and costs

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • November 30 2011

When the evidence of trade secret misappropriation and resulting substantial damages is compelling, defendants should expect to get hammered in court

Use of even a small amount of commercially valuable confidential information obtained from someone without authority to convey it constitutes actionable trade secret misappropriation according to Eighth Circuit

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • December 19 2011

A recent Eighth Circuit Court of Appeals decision, extremely favorable to a plaintiff alleging trade secret misappropriation, holds that protection may be accorded to a compilation of information if reasonable efforts were made to keep the compilation secret, where the compilation adds value to the information, regardless of the amount of the information that already was in the public domain

California federal court holds that trade secret misappropriation defendant need not respond to plaintiff's discovery requests until provided with identification of information claimed to have been stolen

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • January 12 2012

The trend of some recent judicial decisions seems to reflect an increasing concern by courts that, notwithstanding trade secret misappropriation plaintiffs’ understandable reluctance to disclose proprietary information in more detail than absolutely necessary, they must describe with considerable specificity whatever is alleged to have been purloined

April Fools' Day prank leads to trade secrets litigation

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • May 7 2012

A recent federal decision from Connecticut confirms the notion that information knowingly posted on the Internet by its owner cannot constitute a protectable trade secret

Filing a patent application covering a misappropriated trade secret held to constitute a "use" which justifies $600,000 in compensatory damages

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 6 2012

Quoting Section 40, comment c, of the Restatement (Third) of Unfair Competition, the Fifth Circuit Court of Appeals held recently that “Any exploitation of the trade secret that is likely to result in injury to the trade secret owner or enrichment to the defendant” constitutes a “use” giving rise to liability for misappropriation

Considerations in determining whether to grant to a prevailing trade secret misappropriation plaintiff a permanent injunction in addition to substantial damages

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 7 2012

When a plaintiff alleging trade secret misappropriation obtains a judgment for substantial damages, the award may serve solely to compensate for past wrongs, or it may redress both past and future injuries

Alabama federal court issues decision regarding measuring the “amount in controversy” when the plaintiff’s state court trade secret misappropriation complaint is silent as to the amount of damages and the defendant removes the case to federal court

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 23 2012

A recent Alabama federal court decision discusses how to determine the “amount in controversy” when a state court trade secret misappropriation case is removed to federal court based on diversity of citizenship, but the complaint is silent as to the amount of damages demanded