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On Tuesday, engineer and autonomous-vehicle pioneer Anthony Levandowski entered a San Jose courtroom sans tie to plead not guilty to 33 charges of theft and attempted theft of trade secrets ...
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), which became effective that very same day. The DTSA amends the Economic Espionage Act of 1996 (“EEA ...
It is no secret that trade secrets are essential to the success of many businesses. Nearly all of us are aware of examples of highly treasured trade secrets, such as the recipe for Coca-Cola, the ...
My previous blog on the DTSA addressed the definition of a “Trade Secret” under the DTSA (see IP Watchdog, May 24, 2016), this will address what it generally means to “misappropriate” a ...
For example, in one of its few trade secret cases, the Supreme Court paraphrased Ohio’s trade secret definition (which was based on the 1939 Restatement) as requiring that “[t] ...
The carrier is not the secret but is the object of security measures. The purpose of setting up the measures is to protect the carrier from exposing secrets to the public. Therefore, the nature of ...
R. Mark Halligan of FisherBroyles, LLP discusses improper and proper means for acquiring trade secrets, terms that are at the core of trade secret misappropriation lawsuits.
A successful trade secret misappropriation claim requires proof of improper means. A person who obtains a trade secret by inducing or knowingly accepting a disclosure from a third person who has ...
Before adopting PUTSA, Pennsylvania courts looked to the Restatement of Torts for the definition of a trade secret. At that time, courts defined a trade secret as "any formula, pattern, device or ...