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Many courts are reluctant to permit parties to redact filed documents, or to file them under seal, even when they contain trade secrets
  • Seyfarth Shaw LLP
  • USA
  • March 25 2015

In a patent infringement case pending in a California federal court, the defendant moved for summary judgment. The parties jointly requested leave to


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


Paul E. Freehling
  • Seyfarth Shaw LLP