On July 17, the Protecting American Trade Secrets and Innovation Act of 2012 was introduced in the Senate. If passed, the law would revolutionize the legal regime governing trade secrets by conferring federal jurisdiction under a new federal law over cases in which plaintiff certifies either misappropriation from the United States to another country or that there is a substantial need for nationwide service of process to prosecute the claim. Nearly every major trade secret case, the sponsors say, should meet one or both of these requirements. The act also contains a series of important features that attempt to make it easier for trade secret holders to shut down misappropriations in the early stages and to recover damages.
