This is the third in a multi-part discussion [first part] [second part] about whether and when to cut-off damages for trade secret misappropriation. Similar posts on LinkedIn at [first], [second] and [
Continue Reading Unfair Head Start and Trade Secret Damages
This is the next in a multi-part discussion of measuring the accounting period for trade secret damages. The common theme across these discussions is the need to untether the liability requirement of secrecy from the damages goal of awarding as
Continue Reading Ending Damages for Trade Secret Misappropriation before the Loss of Secrecy
This is first in multi-part discussion of measuring the accounting period for trade secret damages. First up: untethering the liability requirement of secrecy from the damages goal of awarding as much as necessary (but no more than) to eliminate unfair
Continue Reading Extending Damages for Trade Secret Misappropriation beyond the Loss of Secrecy
There is a lack of consensus among Federal Circuit judges whether a jury should determine the amount of restitution or unjust enrichment damages. The three judges that decided TAOS v. Renesas (Fed. Cir. 2018) did not believe a jury should decide restitution
Continue Reading Is There a Right to Jury Trial on Unjust Enrichment Damages for Trade Secret Theft
The Defend Trade Secrets Act (DTSA) provides a private right of action under federal law for trade secret misappropriation. It extends to reach a foreign corporation’s conduct occurring outside the United States “if . . . an act in furtherance
Continue Reading Extending Defend Trade Secrets Act to Reach Overseas Theft of Trade Secrets
Judge Davila’s treatment of trade secrets in his exemplary damages award in BladeRoom v. Emerson echoes substantially similar if not the same themes as Professor Lemley in his “IP Rights” theory of trade secrets
In addition to $30 million in compensatory
Continue Reading Judge Davila Channels Prof. Lemley
“No,” says the court in BladeRoom v Facebook et al. “Yes,” says the court in O2 Micro v. Monolithic Power.
Can these different results be reconciled and can a rule for apportioning damages between trade secrets be derived from the
Continue Reading Must Damages Be Apportioned on a Trade Secret-by-Trade Secret Basis?
Yesterday evening, the district court in the trade secret litigation Waymo v. Uber et al [3:17-cv-939-WHA] issued revised jury instructions on trade secret misappropriation and proposed special verdict form (Dkt. #2499). The revised instructions retain the requirement in earlier drafts
Continue Reading Waymo Jury Instructions Require “Use” Without Sufficiently Explaining “Use”
The Defend Trade Secrets Act (“DTSA”), on its face, creates a private action in district court for misappropriation occurring abroad. Filing a DTSA claim in district court may in certain circumstances provide the best remedy for foreign trade secret theft
Continue Reading Why Aren’t There More Cases Applying the Defend Trade Secrets Act to Foreign Theft?
The U.S. Supreme Court’s May 22, 2017 decision in TC Heartland effectively shifts a significant number of patent litigations out of courts previously deemed acceptable to courts in other venues in which the defendant corporation is incorporated. In reaching this
Continue Reading Court Denies Motion to Transfer Venue Based on TC Heartland in Currently Pending Patent Case
