We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-2 of 2

If confidential information constituted a trade secret on the date it was misappropriated, the misappropriation is actionable

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 4 2012

A district court for the Eastern District of Wisconsin recently held that even though misappropriated information no longer was a trade secret on the date the wrongdoer was sued, a misappropriation lawsuit may be maintained if the information qualified as a trade secret on the date of the wrongdoing

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