The Defend Trade Secrets Act (DTSA), enacted on May 11, 2016, introduced a federal civil cause of action for trade secret misappropriation, broadening the definition of trade secrets and offering potential seizure of property, injunctive relief, double damages, and a whistleblower safe harbor. This has given companies an additional tool to protect their intellectual property rights and easier access to federal district courts. However, the rise in trade secret claims in the life sciences is not solely due to the DTSA. Court decisions over the past decade have weakened patent claims in the life sciences, leading to an increase in trade secret cases. Many life sciences companies now prefer to keep their R&D data and diagnostic information as trade secrets, rather than risk their patents being declared ineligible or unenforceable. This trend is particularly evident with data-driven innovations, where trade secrets often provide better protection than patents.
Tom Wintner、Nick Armington 和 Christina Scott（2023 年 10 月 2 日）最近在 IAM 上发表了一篇题为 "商业秘密诉讼在生命科学行业飙升 "的文章，对这一新领域进行了深入探讨。经授权，在此分享转载，敬请欣赏。(谢谢，IAM）
