Mealey's Trade Secret

  • July 01, 2024

    COMMENTARY: Non-Competes No More? What Businesses Should Do To Protect Trade Secrets And Confidential Information Now

    By Geri Haight and Danielle Bereznay

  • July 03, 2024

    7th Circuit: Lower Court Must Reconsider Copyright Damages In Trade Secrets Suit

    CHICAGO — A panel of the Seventh Circuit U.S. Court of Appeals on July 2 held that an Illinois federal judge incorrectly calculated damages against a mobile communications company for using stolen copyrighted code from another mobile communications company, with the panel finding that without specific proof that the code was stolen from an Illinois server, copyright damages should be lowered.

  • June 25, 2024

    CGL Insurer, Insured Settle And Dismiss Coverage Dispute Over Trade Secret Lawsuit

    BOSTON — A commercial general liability insurer and its insured filed stipulations of dismissal after advising a Massachusetts federal court that they have settled their dispute over defense costs for an underlying trade secret lawsuit brought against the insured by its competitor.

  • June 21, 2024

    $72M Judgment Entered Against Chinese Company For Source Code Misappropriation

    NEW YORK — A New York federal judge entered judgment worth more than $72 million against a Chinese company reflecting a confirmed arbitral award against it for misappropriating an American company’s source code and later breaching a settlement agreement under which it had agreed to let the American company review its code for further use of its trade secrets.

  • June 19, 2024

    Federal Circuit: Injunction Over Trade Secrets Was Not Given Proper Analysis

    WASHINGTON, D.C. — A federal trial court abused its discretion in granting a preliminary injunction to a company that alleges that one of its competitors used trade secrets in developing an insulin patch because the trial court did not properly consider relevant factors such as the applicable statute of limitations and the proper definition of a trade secret, a Federal Circuit U.S. Court of Appeals found in reversing the trial court’s judgment.

  • June 12, 2024

    Panel Reinstates Trade Secret Liability Verdict, Affirms Denial Of Fees

    WASHINGTON, D.C. — Allegations of patent infringement voluntarily dismissed midtrial and copyright infringement on the eve of trial were not so devoid of merit as to justify an award of attorney fees in favor of a defendant medical equipment company, the Federal Circuit U.S. Court of Appeals affirmed June 11.

  • June 07, 2024

    Judge Confirms $72M Award Against Chinese Company For Source Code Misappropriation

    NEW YORK — A New York federal judge confirmed an arbitral award worth more than $72 million against a Chinese company that was found by an arbitrator to have misappropriated an American company’s source code and later breached a settlement agreement under which it would allow the American company to review its code for any further use of its trade secrets.

  • May 07, 2024

    Nebraska Federal Judge Agrees To Limit Testimony In Trade Secrets Dispute

    OMAHA, Neb. — A Nebraska federal judge rejected arguments from four former employees of an agricultural product distributor who are being sued for stealing trade secrets and confidential information when they resigned to work for a competitor that the company failed to properly disclose expert witnesses but agreed to limit their testimony.

  • May 06, 2024

    Defense Contract Secrets Claims Can’t Be Heard In Tribal Court As It May Not Exist

    ATLANTA — A trial court erred in applying the doctrine of forum non conveniens when dismissing breach of contract claims brought by a tribal corporation against a woman who allegedly stole trade secrets from her former employer relating to a federal contract to provide armed security services on a semi-submersible missile defense vessel because the alternative forum, the Alabama-Quassarte Tribal Town Court, might not exist, an 11th Circuit U.S. Court of Appeals panel found in reversing and remanding the trial court’s judgment.

  • April 26, 2024

    N.Y. Federal Magistrate Judge Recommends Fee Denial In Clash Between Music Schools

    NEW YORK — A request by a music school and its founder for reimbursement of the attorney fees they incurred in successfully defending allegations of copyright infringement, unfair competition and trade secret misappropriation should not be granted, a federal magistrate judge in New York has recommended.

  • April 24, 2024

    Copyright, Trademark, Trade Dress Case Against TikTok Will Largely Proceed

    SAN FRANCISCO — Although a motion to dismiss by TikTok Inc. was partly granted April 23, the copyright, trademark and trade dress claims by a China-based company can be repleaded in a fourth amended complaint (FAC), a federal judge in California ruled.

  • March 08, 2024

    Trade Secret Disclosed In Patent Is Public Knowledge, Interlocutory Appellant Says

    WASHINGTON, D.C. — In corrected opening and response briefs in an interlocutory appeal of a Massachusetts federal judge’s preliminary injunction, two makers of competing insulin patch pumps square off on several issues including whether purported trade secrets were made public in filings with the U.S. Patent and Trademark Office (PTO).

  • February 05, 2024

    Judge: No Coverage Owed For Unfair Competition Suit Brought Against Insured

    SAN DIEGO — A federal judge in California concluded that an insurer has no duty to defend its furniture delivery company insured against an underlying misappropriation of trade secrets and unfair competition lawsuit brought by a competitor, granting the insurer’s motion for summary judgment in the insured’s breach of contract and bad faith lawsuit.

  • January 23, 2024

    Stipulation Ends Suit Over Alleged ‘Raid’ Of Facultative Reinsurance Brokerage

    CHICAGO — After all parties filed a stipulation of dismissal with prejudice, an Illinois federal judge terminated a breach of contract and Defend Trade Secrets Act (DTSA) suit over an alleged “raid” of a facultative reinsurance brokerage.

  • December 08, 2023

    Judge Certifies Appeal Over Expert Testimony In Case About Fracking Data

    HOUSTON — A federal judge has issued an order certifying an interlocutory appeal of a ruling that denied a defendant’s motion to exclude a plaintiff’s witness regarding his testimony on reasonable royalty damages in a dispute over the disclosure of unlicensed seismic data to a third-party oil and gas operator.  The judge, who had concluded that the testimony is permitted as long as it complies with the requirements of Federal Rule of Evidence 701, certified the appeal, saying the matter presents “a controlling question of law” and the resolution of the issue would “materially advance the litigation.”

  • November 22, 2023

    Georgia Court Stays Release Of PFAS Settlement As DuPont Claims Trade Secrets

    ATLANTA — The Georgia Court of Appeals stayed an order by a trial court that called for the terms of a per- and polyfluoroalkyl substances (PFAS) settlement to be published and granted an emergency motion filed by E.I. du Pont de Nemours & Co. and its affiliates seeking to keep the terms of the agreement private on grounds that it contains trade secrets.

  • November 20, 2023

    Louisiana High Court Refuses To Review Ruling In Suit Alleging Insured Stole Files

    NEW ORLEANS — The Louisiana Supreme Court refused to disturb a Louisiana appeals court’s finding that a residential mortgage broker’s electronic loan files are “tangible” under state law and, therefore, can be defined as “‘property’ that is susceptible to ‘loss of use’” under a competitor’s business liability insurance policy, allowing to stand the lower court’s reversal of a summary judgment ruling in favor of an insurer that intervened in the broker’s lawsuit alleging that its insured used stolen files to broker mortgage loans for its customers.

  • November 01, 2023

    Panel Orders Transfer Of False Advertising, Copyright Claims Against TikTok

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Oct. 31 granted a petition for writ of mandamus by TikTok Inc. and others, agreeing that allegations that the popular video sharing app engages in false advertising and copyright infringement should proceed in California federal court.

  • October 19, 2023

    On Eve Of Trademark Trial, New Damages Theory By Ford Fails

    DETROIT — An “11th hour” bid by Ford Motor Co. for damages under an unjust enrichment theory in a trademark infringement and trade secret misappropriation dispute with a former business associate failed in Michigan federal court.

  • October 11, 2023

    Mortgage Servicer Accuses Payment Processor Of Misusing Customer Data

    DALLAS — A mortgage payment processor misused a mortgage servicer’s customer data when it conducted quality assurance (QA) testing with customers’ nonpublic, personal information while in a live production environment rather than a walled-off testing environment, the mortgage servicer alleges in a complaint filed in a federal court in Texas.

  • September 18, 2023

    Judge Says CGL Insurer Owes Reasonable Defense Costs, Orders Allocation Of Costs

    BOSTON — A federal judge in Massachusetts held that a commercial general liability insurer has a duty to pay all reasonable defense costs incurred by its insured in an underlying trade secret lawsuit brought by a competitor but ordered a reasonable allocation of costs between the insured and noninsured parties.

  • September 14, 2023

    DuPont Sues City, Newspapers To Protect Trade Secrets In PFAS Settlement

    ROME, Ga. — E.I. du Pont de Nemours & Co. and its affiliates have sued the city of Rome, Ga., and two newspapers in Georgia state court in an attempt to prevent the publication of the terms of a settlement agreement related to a lawsuit brought by the city against DuPont concerning contamination from per- and polyfluoroalkyl substances (PFAS) on grounds that the agreement contains confidential trade secrets.

  • August 07, 2023

    Judge Stays Solar Panel Companies’ UCL, Trade Secret Row Pending Arbitration

    SAN FRANCISCO — A California federal judge stayed a lawsuit brought by a Korean solar panel manufacturer accusing two California-based solar panel companies of violating California’s unfair competition law (UCL), misappropriation of trade secrets and defamation pending the outcome of the parties’ arbitration in Singapore, finding that the parties’ agreement delegates questions of arbitrability to the arbitrators.

  • July 26, 2023

    New Jersey Trade Secret Dispute Over Patent Application Will Proceed

    TRENTON, N.J. — A claim by Nasdaq Inc. for violation of a New Jersey trade secret law in connection with the disclosure of an automated securities trading patent does not predate the law’s enactment, a federal judge in New Jersey ruled, denying a defendant’s motion for judgment as a matter of law.

  • June 14, 2023

    Facultative Reinsurance Brokerage Loses TRO Bid In Suit Over Alleged Raid

    CHICAGO — Ruling that plaintiffs in a breach of contract and Defend Trade Secrets Act (DTSA) suit over an alleged “raid” of a facultative reinsurance brokerage demonstrated neither “a likelihood of success on the merits” nor that they would be irreparably harmed without a temporary restraining order (TRO), an Illinois federal judge denied their TRO bid.