I’m willful and malicious before my first coffee. In trade secret litigation, if the defendant is found to have acted in a “wilful and malicious” manner, the damages can go from big to stunning. A judge can decide to award attorney’s fees and exemplary punitive...
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What’s the difference between a patent and trade secret?
What’s the difference between a patent and a trade secret? Patents and trade secrets are both tools for protecting intellectual property, but they operate in fundamentally different ways. The choice between them has real consequences for how innovation is disclosed,...
When a suitor becomes your competitor
Mergers and Acquisitions (M&A) due diligence always involves the sharing of confidential information and trade secrets. There’s almost always a non-disclosure agreement (NDA) but it typically just has a single vague sentence like “explore potential business relationships between Company A and Company B”.
Trade secrets, perfume, and pop stars: Inside Revlon’s Britney Spears lawsuit
Ah, the sweet smell of trade secrets in perfumes… Every company in the world has trade secrets whether they know (or smell?) it or not.
ChromaDex, Inc. v. Elysium Health, Inc.
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.
GE Betz, Inc. v. Moffitt-Johnston, 2018
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.
Bianco v. GLOBUS MEDICAL, INC.
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...
M.C. Dean, Inc. v. City of Miami Beach, Florida; and International Brotherhood of Electrical Workers, Local 349
In the 2016 case, M.C. Dean, Inc. v. City of Miami Beach, Florida, United States District Judge Cecilia M. Altonaga dismissed the complaint against the City of Miami Beach and the International Brotherhood of Electrical Workers, Local 349, for failure to state a claim...
Boeing Owes Zunum Aero $72 million Over Theft of Trade Secrets
In a widely reported recent case, a Seattle jury found Boeing liable to startup Zunum Aero for $72 million over theft of trade secrets relating to small passenger jets having hybrid electric energy sources.
FTC rules on non-compete agreements across all 50 States
On April 23, 2024, the US FTC issued a rule effectively barring most non-compete agreements across all 50 states. The very next day, the US Chamber of Commerce sued the FTC, alleging that the FTC exceeded the scope of its rulemaking powers. This battle will be interesting to watch!
Maine Lobstermen are trying to keep the government’s claws off their Trade Secrets
Five lobstermen are suing The State of Maine after the State required federally registered lobster boats to use devices that track the position of the boats 24/7.
Trouble for Nothing
[vc_row][vc_column width="1/2"][vc_column_text]A recent trade secret litigation feels like “a lot of trouble for nothing” (at least for the defendant!) CEO Crispin Teufel left Lincare in June 2023 with plans to become the CEO of AdaptHealth. Lincare was not amused,...
Snowy Showdown: Trade Secrets, Non-Compete Agreements, and the Battle for Snow Bike Supremacy
We’ve seen trade secrets in fishing gear, coffee lip balm, and NBA strategies, but never on snow bikes…oh, wait…
In 2015, Polaris purchased Timbersled Products Inc., maker of snow bike conversion kits. The kits convert a dirt bike into a snow bike. Allen Mangum was the owner/seller of Timbersled, and was retained by Polaris after the acquisition.
Game On in the Courtroom: Knicks Sue Raptors in High-Stakes Trade Secrets Scandal
Just yesterday (21 August 2023), the Knicks sued the Raptors, their head coach, and a member of the Knicks’ video team. The video team employee sent thousands of video files and other confidential information to the Raptors coach before joining the other team.
The information included scouting reports, play frequency reports, a prep book, and a link to third-party licensed software.
Trade Secrets Theft: Former Samsung Executive’s Failed Attempt to Duplicate Chip Factory in China
[vc_row][vc_column][vc_column_text] Last month (June 2023) a former Samsung Electronics executive and six others were arrested and indicted for theft of trade secrets and bringing the secrets to China to set up a competing factory. He had worked 18 years at Samsung...
Bob Ambrogi of LawSites reports on Tangibly’s Latest Developments
[vc_row][vc_column][vc_column_text]Lawyer, veteran legal journalist, and award-winning blogger and podcaster, Bob Ambrogi, writes about Tangibly and artificial intelligence in this article citing several insiders.[/vc_column_text][us_image image="384"...