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Award of damages for misappropriation does not preclude also awarding injunctive relief
  • Seyfarth Shaw LLP
  • USA
  • June 22 2011

Clarifying the legal principle that an injunction will only be entered if there is no adequate remedy at law, the Ohio Court of Appeals held recently that an award of damages for past trade secret misappropriation is not inconsistent with, and does not preclude granting, injunctive relief to prevent future harm


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


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


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


Employees strike back against former employer for alleged bogus claim of trade secret misappropriation
  • Seyfarth Shaw LLP
  • USA
  • June 3 2014

A state court issued a preliminary injunction for alleged trade secret misappropriation, but the enjoined parties successfully used post-injunction


Despite allegations that something fishy was occurring, Kentucky federal district court rules that Texas corporate defendant was not subject to personal jurisdiction in trade secret misappropriation suit
  • Seyfarth Shaw LLP
  • USA
  • September 21 2012

MPI, a Texas company, went to Kentucky and allegedly attempted to hire two Luvata employees, Foster and Meredith


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


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


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