Advanced Modular Sputtering, Inc. v.
Super. Ct. of Santa Barbara - 09/13/05 - Intellectual Property,
Trade Secrets - California Appellate Districts.
Code of Civil Procedure section 2019.210, which provides that discovery relating to a
trade secret may not commence until the trade secret is identified with reasonable
particularity, extends to any cause of action which relates to the trade secret.
Ajaxo, Inc. v. E*Trade Group, Inc. - 12/21/05 -
Intellectual Property, Remedies, Trade Secrets, Cyberspace Law, Evidence -
California Appellate Districts.
Misappropriation of plaintiff's trade secrets regarding certain technology designed by
plaintiff. There was sufficient evidence of damages for misappropriation as to each
defendant to survive a motion for nonsuit.
Am. Family Mut. Ins. Co. v. Roth - 05/07/07
- misappropriation of trade secrets in the form of client lists. - U.S. 7th Circuit Court
of Appeals.
Breach of contract and misappropriation of trade secrets in the form of client lists.
Preliminary injunction in favor of plaintiffs is affirmed in part where the information in
plaintiff's client database was a trade secret entitling plaintiff to an injunction.
APG, Inc. v. MCI Telecomms. Corp. - 02/08/06 - Retail,
Trade Secrets - U.S. 1st Circuit Court of Appeals.
Summary judgment and judgment as a matter of law in favor of defendant vacated in part
where the facts left open the possibility of liability on a theory of unjust enrichment.
Auto Channel, Inc. v. Speedvision Network, LLC, 144 F.
Supp. 2d 784, 788-89 (W.D. Ky. 2001) - allowing a plaintiff to plead common law theories
regarding the same information as a trade secret claim "would undermine the
uniformity and clarity that motivated the creation and passage of the Uniform Act.".
BASS - 07/03/03 - Trade Secrets -
Supreme Court of Texas
Geological seismic data are trade secrets, and non-participating mineral royalty interest
owners failed to establish the existence of a claim against the mineral estate owner,
justifying discovery of the trade secret data.
Baxter Int'l, Inc. v. Abbott Lab.
U.S. 7th Circuit Court of Appeals
A renewed motion to place documents under seal, based on a claim of commercially sensitive
information, is denied where it does not analyze in detail, document by document, the
propriety of secrecy, providing legal citations and reasons in support.
BBA Nonwovens Simpsonville, Inc. v. Superior Nonwovens, LLC
- 08/30/02 - statutory requirements for existence of a trade secret under
South Carolina law, Patent, Intellectual Property, Trade Secrets. - U.S. Fed. Circuit
Court of Appeals
Claimed trade secret technology satisfied each of the statutory requirements for existence
of a trade secret under South Carolina law, and the record supported a finding of willful
misappropriation.
BondPro Corp. v. Siemens Power Generation, Inc. -
09/12/06 - disputed invention did not meet the criteria for a trade secret. -
U.S. 7th Circuit Court of Appeals.
Judgment as a matter of law for defendant in a trade secrets suit involving a
manufacturing technique is affirmed where the disputed invention did not meet the criteria
for a trade secret.
Bourns, Inc. v. Raychem Corp. - 06/05/03 - Intellectual
Property, Trade Secrets, misappropriation, inevitable disclosure - U.S.
9th Circuit Court of Appeals.
Findings of misappropriation and associated damages are affirmed.
BP Chem. v. Jiangsu SOPO Corp. - 08/25/05 -
Intellectual Property, International Law, Trade Secrets, misappropriation of trade
secrets. - U.S. 8th Circuit Court of Appeals.
Suit alleging misappropriation of trade secrets, plaintiff has marshalled sufficient facts
in support of its pleadings to survive defendant's factual jurisdictional challenge under
the Foreign Sovereign Immunities Act.
Bridgestone/Firesstone, Inc. - 05/22/03
- Trade Secrets - Mere possibility of unfairness is not enough to warrant disclosure of
the information. - Supreme Court of Texas.
Plaintiffs in defective tire litigation are not entitled to discovery of defendant's
"skim stock" formulas, which are trade secrets, as mere possibility of
unfairness is not enough to warrant disclosure of the information.
Cadence Design Sys., Inc. v. Avant! Corp. - 11/21/02
- Intellectual Property, Trade Secrets, California Uniform Trade Secrets Act (UTSA). -
Supreme Court of California.
Trade secret infringement action under the California Uniform Trade Secrets Act (UTSA).
Continued improper use or disclosure of a trade secret after defendant's initial
misappropriation is viewed as part of a single claim of "continuing
misappropriation" accruing at the time of the initial misappropriation.
Cadence Design Sys., Inc. v. Avant! Corp. - 06/11/01
- Intellectual Property, Trade Secrets - U.S. 9th Circuit Court of Appeals.
California Supreme Court certified to determine whether, under the Uniform Trade Secrets
Act, an infringment arises only upon the initial misappropriation of the trade secret or
with each subsequent misuse of the trade secret.
Chemetall GMBH v. ZR Energy, Inc. - 02/25/03 - Intellectual
Property, Employment Law, Trade Secrets - U.S. 7th Circuit Court of
Appeals.
Illinois law. The question whether plaintiff acquired the right to enforce an employee's
duty of confidentiality could not be decided on the contracts alone, and the parties were
entitled to present evidence on the issue at trial.
Children's Broadcasting Corp. v. The Walt Disney Co. - 01/26/04 -
U.S. 8th Circuit Court of Appeals
On retrial for damages, evidence supported the jury verdict on damages due to
misappropriation of a trade secret.
ConFold Pac., Inc. v. Polaris Indus., Inc. - 01/10/06 -
Intellectual Property, Manufacturing, Trade Secrets. - U.S. 7th Circuit Court of Appeals.
suit for breach of contract and unjust enrichment involving a proposal containing a
shipping container design. Contract at issue did not bind defendant from revealing to a
third party plaintiff's proposed container design.
Doeblers' Pennsylvania Hybrids, Inc. v. Doebler - 03/23/06
- Intellectual Property, Trade Secrets, Trademark - U.S. 3rd Circuit Court of Appeals.
Trademark and trade secret dispute between corn-seed businesses owned by relatives of the
same founder is reversed where plaintiff did not meet its burden of showing that it was
entitled to judgment as a matter of law.
DTM Research, L.L.C. v. AT&T Corp. - 03/27/01 - Intellectual
Property, Trade Secrets - U.S. 4th Circuit Court of Appeals.
A defendant in a trade secrets case is not entitled to summary judgment on the ground that
a protective order, based on the governments' assertion of a "state secrets"
privilege, precluded it from defending the case effectively.
DVD Copy Control Ass'n., Inc. v. Bunner. - Cyberspace
Law, Intellectual Property, Remedies, Trade Secrets - 116 Cal. App. 4th 241, 251 (2004)
(widespread Internet postings destroyed secrecy). - Supreme Court of California.
A preliminary injunction prohibiting a web site operator from disclosing trade secrets
violates neither the First Amendment nor the California Constitution, assuming the trial
court properly issued the injunction under California's trade secret law.
DVD Copy Control Ass'n., Inc. v. Bunner - 11/01/01
- Cyberspace Law, Intellectual Property, Trade Secrets - California Appellate Districts.
A computer source code which describes an alternative method of decrypting copy protection
on DVD's is pure "speech" protected by the First Amendment.
Edwards v. Arthur Andersen LLP - 08/30/06 - California
Appellate Districts.
Noncompetition agreement prohibiting employee from performing services for former clients
is invalid under Business and Professions Code section 16000 unless it falls within
statutory or "trade secret" exceptions to statute.
Elecs. For Imaging, Inc. v. Coyle - - 08/18/03 - Patent,
Intellectual Property, Trade Secrets - U.S. Fed. Circuit Court of Appeals.
Plaintiff established a prima facie case that personal jurisdiction over defendants would
be proper and comports with due process.
Empire Steam Laundry v. Lozier, 165 Cal. 95, 96 (1915) -
customer list "a trade secret of great value"; this case was also the first to
hold that what is now Business & Professions Code section 16600 does not void trade
secrecy obligations because "Equity always protects against the unwarranted
disclosure and unconscionable use of trade secrets and confidential business
communications."
Four Pillars Enter. Co. v. Avery Dennison Corp. - 10/24/02
- Intellectual Property, Trade Secrets. - U.S. 9th Circuit Court of Appeals.
Magistrate judge did not abuse his discretion in concluding that a discovery order for
trade secret material, under 28 U.S.C. section 1782, would improperly frustrate a
protective order issued by an Ohio court in a separate action between the same parties.
Gate-Way, Inc. v. Wilson, 94 Cal. App. 2d 706, 714 (1949)
(no secret where aspects of plaintiff's process for coating metal were in the public
domain).
General Universal Sys. Inc. v. HAL Inc. - 09/17/07
- claim of trade secret misappropriation against certain defendants was time barred.
GO Computer Inc. v. Microsoft Corp. - 11/19/07
- alleging trade secret theft and antitrust injuries. - U.S. 4th Circuit Court of Appeals.
Guy Carpenter & Co., Inc. v. Provenzale - 06/18/03
- Employment Law, Trade Secrets, Customer list. - U.S. 5th Circuit Court of Appeals. A
customer list was not a trade secret where it was readily ascertainable.
Hacny Transp. v. Chu -10/31/05 -
misappropriation of trade secrets. - U.S. 7th Circuit Court of Appeals.
Claims for misappropriation of trade secrets are foreclosed by Section 8(a) of the
Illinois Trade Secrets Act only when they rest on the conduct that is said to have
misappropriated the secrets.
Harvey Barnett, Inc. v. Shidler - 08/06/03 - Intellectual
Property, Trade Secrets - U.S. 10th Circuit Court of Appeals
Summary judgment was not appropriate on whether an "Infant Swimming Program,"
viewed comprehensively, was a trade secret under Colorado law; district court erred in
determining that a confidentiality provision in a license agreement was a disguised
restrictive covenant.
Herric v. Garvey - 07/24/02 - Trade secret exemption,
Freedom of Information Act, Trade Secrets - U.S. 10th Circuit Court of
Appeals
The "trade secret" exemption, to the Freedom of Information Act's general
requirement that the federal government release information to the public, will bar a
request to the FAA for plans and specifications regarding an antique aircraft.
Hicklin Eng LC v. Bartell, R.J. - 02/22/06
- trade secret case. - U.S. 7th Circuit Court of Appeals.
Summary judgment for the plaintiff in a trade secret case is reversed after a finding that
a reasonable jury could have determined that the defendant, an independent contractor,
knew that the plaintiff company treated at least some of the data it provided him as trade
secrets.
Huong Que, Inc. v. Luu - 04/30/07 -
California Appellate Districts
Order temporarily enjoining defendants from engaging in certain activities found by the
trial court to constitute, among other things, tortious disloyalty to, and interference
with the business of plaintiffs is affirmed.
IDX Sys. Corp. v. Epic Sys. Corp. - 04/01/02 - Cyberspace
Law, Intellectual Property, Trade Secrets - U.S. 7th Circuit Court of
Appeals.
Where a software manufacturer failed to precisely define its trade secret, summary
judgment on its claim against former employees, alleging trade secret theft, was proper;
however, the dismissal of its claims of tortious inducement of former customers to switch
software providers was reversed.
Imaging Bus. Machs., LLC v. BancTec, Inc. - 08/10/06 -
Cyberspace Law, Intellectual Property, Trade Secrets. - U.S. 11th Circuit Court of
Appeals.
Finding on the preliminary injunction motion that plaintiff lacked a trade secret was not
the result of resolving all disputes and drawing all inferences in the light most
favorable to plaintiff.
Incase Inc. v. Timex Corp. - 05/24/07 - misappropriation
of trade secret and unfair trade practices. - U.S. 1st Circuit Court of Appeals.
Claims of misappropriation of trade secret, unfair trade practices, breach of contract,
and implied contract: Judgment as a matter of law (JMOL) on the trade secret claim is
affirmed where there was no evidence to support plaintiff's argument that it took
reasonable steps to preserve the secrecy of the design in question.
Jasmine Networks, Inc. v. Marvell Semiconductor, Inc. - 04/08/04 -
Patent, Intellectual Property, Trade Secrets - California
Appellate Districts
Disclosure of a transcript of a conversation among defendant's officers and lawyers that
was inadvertently left on plaintiff's voicemail system. Defendant waived its
attorney-client privilege by disclosing the information within the meaning of section
912(a).
Learning Curve Toys, Inc. v. Playwood Toys, Inc. - 08/18/03 - Intellectual
Property, Trade Secrets -
U.S. 7th Circuit Court of Appeals
Plaintiff had a protectable trade secret in a concept for a noise-producing toy railroad
track under the Illinois Trade Secrets Act; a rational jury could conclude that exemplary
damages were justified.
Leggett & Platt, Inc. v. Hickory Springs Mfg. Co. - 04/02/02
- Patent, Intellectual Property, Trade Secrets, doctrine of equivalents and trade secret
misappropriation. - U.S. Fed. Circuit Court of Appeals.
Genuine issues of material fact preclude summary judgment on infringement under the
doctrine of equivalents and trade secret misappropriation.
Lucini Italia Co. v. Grappolini - 05/07/02
- Intellectual Property, Trade Secrets, misappropriation of trade secrets. - U.S. 7th
Circuit Court of Appeals.
Misappropriation of gourmet food company's trade secrets.
Luigino's, Inc. v. Peterson - 01/30/03 - Intellectual
Property, Trade Secrets -
U.S. 8th Circuit Court of Appeals.
Summary judgment was proper in breach of fiduciary duty, negligent misrepresentation,
corporate usurpation, trade secret misappropriation, and breach of confidentiality
agreement claims.
Manuel v. Convergys Corp. - 11/15/05 - Employment Law,
Trade Secrets - U.S. 11th Circuit Court of Appeals.
Summary: Summary judgment for plaintiff in a contract action is affirmed. Noncompetition
agreement was void and unenforceable under Georgia law
Microstrategy Inc. v. Bus. Objects - 11/17/05 -
Intellectual Property, Patent, Remedies, Trade Secrets. - U.S. Fed. Circuit Court of
Appeals.
District court erred in determining that Virginia law would not acknowledge plaintiff's
contractual non-solicitation clause.
Mid-Michigan Computer Sys. v. Marc Glassman, Inc. - 07/20/05
- Trade Secrets - U.S. 6th Circuit Court of Appeals.
Mike's Train House v. Lionel, L.L.C. - 12/14/06 -
misappropriation of trade secrets.
Millennium Corp. Solutions v. Peckinpaugh - 02/01/05 -
California Appellate Districts
Suit concerning the misappropriation of trade secrets, the grant of a preliminary
injunction against plaintiff-brokerage firm is affirmed over its challenge that it was
deprived of its right to a fair hearing.
Minnesota Mining & Mfg. Co. v. Pribyl -
07/25/01 - Intellectual Property, Trade Secrets, Misappropriation trade secrets.
- U.S. 7th Circuit Court of Appeals.
Evidence that plaintiff took six years to develop its process, but that the company
founded by plaintiff's employees developed a similar process almost immediately, is
sufficient for a jury inference that defendants misappropriated plaintiff's trade secrets.
Monolith Portland Midwest Co. v. Kaiser Aluminum & Chem. Corp.,
407 F.2d 288, 290-91 (9th Cir. 1969) (action over technical information styled as
"misappropriation of its confidential business information."
Moore v. Kulicke & Soffa Indus., Inc. - 02/03/03 - Intellectual
Property, Trade Secrets - U.S. 3rd Circuit Court of Appeals.
Pennsylvania trade secret law, only the burden of production is shifted when defendant
raises independent development, and the ultimate burden remains on plaintiff to prove that
defendant did not arrive at a technique similar to the trade secret through its own
independent development.
Navigant Consulting Inc. v. Wilkinson - 11/15/07 -
alleging breach of fiduciary duty and misappropriation of trade secrets. - U.S. 5th
Circuit Court of Appeals.
Action brought against two of plaintiff-consulting company's former employees alleging
breach of fiduciary duty, breach of contract, and misappropriation of trade secrets.
Judgment against defendants is affirmed.
O'Grady v. Santa Clara Superior Ct. (Apple Computer, Inc.) -
05/26/06 - California Appellate Districts.
Cyberspace Law, Trade Secrets.
Federal Stored Communications Act, California reporter's shield, conditional
constitutional privilege against compulsory disclosure of confidential sources.
PAVLOVICH v. THE SUPERIOR COURT OF SANTA CLARA COUNTY ( DVD COPY
CONTROL ASS'N, INC.)
- 11/25/02 - Cyberspace Law, Intellectual Property, Trade Secrets - Supreme Court
of California.
Court exercising personal jurisdiction over a defendant, based on a posting on an Internet
Web site, was improper because defendant's knowledge that his conduct may harm industries
centered in California did not, by itself, establish express aiming.
P.C. Yonkers, Inc. v. Celebrations - 11/07/05 - Retail,
Trade Secrets, White Collar Crime - U.S. 3rd Circuit Court of Appeals.
Plaintiffs failed to adduce sufficient proof that defendants-former employees violated the
Computer Fraud and Abuse Act (CFAA).
Peat v. Vanguard Research - 07/21/04 - Intellectual
Property, Trade Secrets - U.S. 11th Circuit Court of Appeals
Trade secrets case. Jury verdict and judgment in favor of plaintiff is reversed because
the erroneous and prejudicial admission of a summary exhibit constituted reversible error.
Penalty Kick Mgmt. Ltd. v. Coca-Cola Co. - 01/27/03 - Intellectual
Property, Trade Secrets - U.S. 11th Circuit Court of Appeals.
Plaintiff failed to provide evidence of defendant's actual disclosure or unauthorized use
of plaintiff's trade secrets under the Georgia Trade Secrets Act (GTSA).
People v. Laiwala - 10/06/06 - no reasonable cause to
support a finding that the information at issue was a trade secret. - California Appellate
Districts.
Defendant established, and the prosecutor failed to refute, that there is no reasonable
cause to support a finding that the information at issue was a trade secret. The record
contains insufficient evidence that the "master key" associated with a DVD copy
protection scheme had "independent economic value." Thus it was not shown to
qualify as a trade secret under Penal Code section 499c.
PepsiCo, Inc. v. Redmond, 54 F.3d 1262 (7th Cir. 1995),
there is discussion of when disclosure of trade secrets is inevitable.
Philip Morris, Inc. v. Reilly - 12/04/02 - Intellectual
Property, Trade Secrets - U.S. 1st Circuit Court of Appeals.
A Massachusetts law, requiring tobacco companies to submit to the state the ingredient
lists for certain tobacco products sold in the state, is an unconstitutional taking of
property (trade secrets) in violation of due process.
Phillips v. AWH Corp. - 04/08/04 - Patent, Intellectual
Property, Trade Secrets - U.S. Fed. Circuit Court of Appeals
Trade secret misappropriation claim was correctly dismissed as time-barred.
Positive Software Solutions, Inc. v. New Century Mortgage Corp. -
01/11/06 - Trade Secrets, Copyright, Cyberspace Law,
Ethics & Professional Responsibility. - U.S. 5th Circuit Court of Appeals.
Providian Credit Card Cases - 02/20/02 - Intellectual
Property, Trade Secrets - California Appellate Districts
Rules 243.1 and 243.2 of the California Rules of Court vest a trial court with a
considerable amount of discretion in deciding whether to seal or unseal a judicial record
and, in light of the strong presumption in favor of public access, unsealing records
containing alleged trade secrets was not an abuse of discretion.
Readylink Healthcare v. Cotton - 02/14/05
- Employment Law, Trade Secrets - California Appellate Districts.
Trial court's enforcement of plaintiff-employer's noncompetition agreement is affirmed
where there is sufficient evidence establishing that defendant-employee intended to use
protectable trade secret information stolen from plaintiff.
Rhone-Poulenc Agro, S.A. v. Dekalb Genetics Corp. - 09/29/03
- Biotech, Intellectual Property, Patent, Trade Secrets, misappropriation of trade
secrets. - U.S. Fed. Circuit Court of Appeals.
On remand from the U.S. Supreme Court, the fraudulent inducement, trade secret
misappropriation, and patent infringement jury verdicts in favor of plaintiff, as well as
the award of punitive damages and several related post-trial rulings made by the district
court, are affirmed.
San Jose Constr., Inc. v. S.B.C.C., Inc. - 10/12/07 -
action for misappropriation of trade secrets and unfair competition. - California
Appellate Districts.
Action by plaintiff-construction company against its former employee and his new employer,
summary judgment for the new employer is reversed. There were triable issues of fact with
regard to causes of action for misappropriation of trade secrets, intentional interference
with prospective economic advantage, and unfair competition.
Sargent Fletcher, Inc. v. Able Corp. - 08/07/03
- Intellectual Property, Manufacturing, Trade Secrets - misappropriation of trade secrets
under the California Uniform Trade Secrets Act. Plaintiff's ultimate burden to prove
absence of independent derivation. - California Appellate Districts.
Action by a manufacturer against a subcontractor for misappropriation of trade secrets
under the California Uniform Trade Secrets Act, the trial court correctly refused the
manufacturer's proposed instruction to place the burden of proof on defendant.
Savor, Inc. v. FMR Corp. - 11/25/02 - Intellectual
Property, Trade Secrets -
Supreme Court of Delaware.
Complaint seeking relief from misappropriation of trade secrets met the minimal standards
governing notice pleading, and thus adequately stated a claim.
Schlage Lock Co. v. Whyte - 09/12/02 - The inevitable
disclosure doctrine. Restriction of employee mobility, Intellectual Property, Trade
Secrets, Employment Law - California Appellate Districts.
Inevitable disclosure doctrine, permitting a trade secret owner to prevent a former
employee from working for a competitor, is contrary to California law and policy because
it creates an after-the-fact covenant not to compete restricting employee mobility.
SL Montevideo Tech., Inc. v. Eaton Aerospace, LLC - 07/12/07
- misuse of protected proprietary information.
State Farm MUT. Auto. Ins. Co. v. Garamendi - 04/26/04 -
Insurance Law, Intellectual Property, Trade Secrets - Supreme Court of California.
Exemption from disclosure of information protected by the trade secret privilege.
California Code of Regulations permitting public inspection of statements that insurers
are required to file, is valid; the public disclosure provision of Insurance Code section
1861.07 does not incorporate the exemption from disclosure found in Government Code
section 6254(k), and thus does not exempt from disclosure information protected by the
trade secret privilege.
State Farm MUT. Auto. Ins. Co. v. Low - 10/17/01 -
Insurance Law, Intellectual Property, Trade Secrets - California Appellate Districts.
California Code of Regulations, title 10, section 2646.6(c) and Insurance Code section
1861.07 permit public disclosure of Community Service Statements that insurance companies
file under Proposition 103 even if they contain trade secrets.
Stratienko v. Cordis Corp. - 11/18/05 - Intellectual
Property, Patent, Trade Secrets and misappropriation of trade secret. - U.S. 6th Circuit
Court of Appeals. Summary judgment for defendant on contract and misappropriation of trade
secret claims involving a catheter device is affirmed. Plaintiff failed to provide
sufficient evidence of similarity between defendant's catheter and his trade secret.
Strategic Directions Group, Inc. v. Bristol-Myers Squibb Co.
- 06/12/02 - Intellectual Property, Trade Secrets, research surveys were
not trade secrets. - U.S. 8th Circuit Court of Appeals
Questions that a pharmaceutical company used in research surveys were not trade secrets
because they were readily ascertainable in public sources, and its use of three of the
questions in a follow-up survey did not breach an agreement with a market research
company.
Synergetics, Inc. v. Hurst - misappropriation of trade
secrets. - 02/05/07 - U.S. 8th Circuit Court of Appeals.
Action by a company against former employees for breach of contract, misappropriation of
trade secrets.
Triple Tee Golf, Inc. v. Nike, Inc. - 04/17/07 -
misappropriation of trade secrets.
Unilogic, Inc. v. Burroughs Corp., 10 Cal. App. 4th 612,
629 (1992) - plaintiff's failure to show defendant's commercial use of trade secret
was insufficient basis for nonsuit.
Uroplasty, Inc v. Advanced Uroscience, Inc., - 02/13/01 - Intellectual
Property, Trade Secret - U.S. Fed. Circuit Court of Appeals
Because plaintiff's trade secrets misappropriation action does not implicate federal
patent law, removal from state court was improper, and the district court lacked
jurisdiction to enter summary judgment for defendant.
US v. Yang - 02/20/02 - Intellectual Property, Trade
Secrets -
U.S. 6th Circuit Court of Appeals
Where the defendants believed the information they conspired and attempted to steal was a
trade secret, the fact that the information was not an actual trade secret was irrelevant,
as the defense of impossibility is unavailable to defendants charged under the Economic
Espionage Act of 1996, 18 U.S.C. sections 1832(a)(4) and (5).
US v. Ye - 02/02/06 - Trade Secrets,
White Collar Crime.
U.S. 9th Circuit Court of Appeals
Petition for a writ of mandamus challenging a discovery order involving pretrial
depositions of government witnesses in a prosecution for possession of stolen trade
secrets is granted where the Bauman factors weighed strongly in favor of granting such
relief. Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977).
Vliw Tech., LLC v. Hewlett-Packard Co. - 12/19/03 -
Intellectual Property, Trade Secrets - Supreme Court of Delaware.
Contract provisions regarding confidentiality and restricting the use of the licensed
technology were sufficiently ambiguous to survive dismissal.
Western Forms, Inc. v. Pickell - 10/25/02
- Trade Secrets, Employment Law - U.S. 8th Circuit Court of Appeals.
District court did not err in finding defendant did not breach confidentiality or use
trade secrets, as the materials plaintiff seeks to protect are not protectable.
Will v. Hallock - 01/18/06 - Intellectual Property, Trade
Secrets - U.S. Supreme Court.
Wyeth v. Natural Biologics, Inc. - 01/24/05 - Biotech,
Intellectual Property, Trade Secrets -
U.S. 8th Circuit Court of Appeals
District court did not err in finding defendant misappropriated plaintiff's trade secret
for producing bulk natural conjugated estrogens used in the development of Premarin.
Yield Dynamics, Inc. v. TEA Sys. Corp. - 08/23/07 -
failure to establish that the computer code constituted a trade secret. - California
Appellate Districts.
Dispute with former employee over computer code and alleged trade secrets, judgment for
defendants is affirmed as plaintiff failed to establish that the code constituted a trade
secret. |