Many large companies are seemingly paralyzed by trade secrets. It is surprising given their resources and sophistication in other areas of IP law.Large companies usually have large patent and trademark portfolios, teams of legal professionals, and significant IP...
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In July 2025, Ohio-based air freight startup TuffAir filed a trade lawsuit against Amazon for misappropriation of trade secrets under the Defend Trade Secrets Act (DTSA). The case raises key questions about how startups can protect confidential business information...
Is the federal DTSA grass always greener? Sometimes yes! Most people think that federal actions under DTSA are basically the same as state actions under UTSA, but that’s an oversimplification. Sure, DTSA was based on UTSA, but occasionally we are reminded that there...
Executive Summary The landscape of college athletics is undergoing a profound transformation. With the recent House v. NCAA settlement and the continued prominence of Name, Image, and Likeness (NIL) deals, athletic departments are no longer just sports programs; they...
Federal DTSA and Massachusetts UTSA do not clearly define what “willful and malicious” means. Recent litigation in Massachusetts took great steps towards clarifying this issue. KPM Analtics North America sued Blue Sun Scientific, Innovative Technologies Group, and four former employees for trade secret misappropriation under both DTSA and MUTSA.
A recent federal court ruling awarded over $10 million in damages to KPM Analytics, a scientific instrumentation company serving the food and agriculture sectors, in a landmark trade secret misappropriation case. The verdict reinforces the value of protecting intellectual property in industries where technical innovation moves fast and competitive advantages can be lost overnight.
The case is significant for its interpretation of the economic loss rule, requirements for
alleging fraudulent deceit and misappropriation of trade secrets, and the application of
patent misuse as a defense in contract disputes.
The case underscores the importance of clearly establishing the confidentiality and
exclusive knowledge of information to claim trade secret protection and the challenges
plaintiffs face when previously disclosed information is involved.
This case highlights the complexities of copyright preemption in trade secret litigation
and underscores the significant financial implications for parties prevailing in such
disputes.
This case underscores the severe consequences of spoliation of evidence and affirms
the ITC’s authority to enforce trade secret protections and patent laws within the
international trade arena.
This case underscores the complexities of cross-border trade secret litigation, the
strategic use of § 1782 actions for obtaining discovery in support of foreign
proceedings, and the challenges in enforcing foreign judgments and protecting trade
secrets across multiple jurisdictions.
This case highlights the challenges in enforcing non-solicitation agreements and
protecting trade secrets within the industry, emphasizing the need for clear, concrete
evidence to support claims.
In a dispute over trade secret misappropriation, Dr. Sabatino Bianco sued Globus Medical, Inc., alleging the company used his trade secret for a spinal surgery device without permission. After a jury verdict in Bianco's favor, awarding damages and ongoing royalties...
This case underscores the enforceability of forum selection clauses in employment
contracts and highlights the legal boundaries of noncompetition and nondisclosure
agreements.
This case underscores the importance of clear contractual terms and the binding
nature of agreements even when not signed by all parties, provided there is mutual
performance. It illustrates how settlements from unrelated disputes can have broad
implications.
In this 2018 case, Jazz Pharmaceuticals, Inc. sued Synchrony Group, LLC, and its related entities for violations of the DTSA, PUTSA, breach of contract, breach of duty of loyalty, and breach of fiduciary duty. The dispute emerged after Synchrony, contracted under a...