A perennial issue in trade secret litigation is: what factual allegations must be pled regarding what trade secrets are left when there are related patents from the same company on the same technology. The recent decision Safe Haven Wildlife Removal and Property Management Experts, LLC v. Meridian Wildlife Services LLC provides insight on this issue
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Ninth Circuit’s Decision Sheds Light on Important Considerations in Granting Injunctive Relief
The Ninth Circuit’s decision in Perrin Bernard Supowitz, LLC v. Morales continues to highlight the high bar necessary for a motion for preliminary injunction, the evidence required to establish irreparable harm, and the limited “abuse of discretion” standard that may be applied during any appeal. Case No. 23-55189, 2023 WL 1415572 (9th Cir. Feb. 5…
VANDA Pharmaceuticals States a Fifth Amendment Claim against the Government for Taking a Trade Secret
The legal battle between VANDA Pharmaceuticals, Inc. and the United States government provides guidance on the minimum requirements that the government must meet to protect trade secrets provided during the regulatory approval process for pharmaceuticals. The case, which involves alleged unlawful disclosure of trade secrets by government officials to generic drug competitors, presents several issues of…
Tips for Santa to Maintain Trade Secrets at the North Pole
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Trade Secret Case Management Judicial Guide Released
Earlier this year the Federal Judicial Conference released its Trade Secret Case Management Judicial Guide. That paper is over 400 pages but contains comprehensive insights for courts and litigants in the various stages of a trade secret case. It is required reading for those practicing in the field.
Client Alert: Open Questions Add Uncertainty to Scope and Impact of New Trade Secret Law
Key Takeaways
- The new law has the potential to have a great impact on how domestic companies protect their IP, and how foreign companies assess theft of trade secrets.
- Many crucial issues, however, are left open. The scope and impact of the law will depend heavily on how the executive branch decides to address these
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Sedona Conference’s Commentaries Provides Guidance on Challenges in Trade Secret Litigation and Gain Momentum With Courts
The Sedona Conference’s Trade Secret Working Group recently published an article titled “7 Ways To Approach The Difficulties Of Trade Secret Litigation”. Crowell’s Mark Klapow is a member of the working.
Read more at: https://www.law360.com/articles/1559728/7-ways-to-approach-the-difficulties-of-trade-secret-litigation?copied=1
2022 AIPLA Annual Trade Secret Law Summit
Crowell & Moring is a proud sponsor of this year’s American Intellectual Property Law Association (AIPLA) Trade Secrets Summit, taking place December 8-9 in Miami, FL.
Please join us for a panel discussion on “Best Practices for Trade Secret Identification in Litigation,” led by Crowell & Moring attorney Mark Klapow on Thursday, December 8 at…
Pinkerton Tobacco v. Kretek Int’l: Defendant’s Statute of Limitations Argument Goes Up in Smoke
A Central District of California court recently denied a defendant’s motion for summary judgment where the defendant argued that the plaintiff’s claims for trade secret misappropriation were barred by the applicable statute of limitations. The court determined that the statute of limitations did not bar the plaintiff’s claim because a reasonable jury could find that…
Trade Secrets Food Fight Spotlights Importance of Comprehensive Agreements
A judge in the Northern District of Texas recently declined to dismiss a lawsuit, CiCi Enterprises LP et al. v. Mucho Pizza, LLC et al., alleging a pizza franchisee failed to maintain the confidentiality of Texas pizza chain CiCi Enterprises LP’s trade secrets after two affiliates inked a development deal with competitor, Papa John’s. This case…