On April 29, 2014, Senators Hatch & Coons introduced the Defend Trade Secrets Act of 2014, the third bill in as many years to propose a federal civil cause of action for trade secret misappropriation by amending the Economic Espionage Act. This latest attempt, which closely resembles the 2012 bill (also co-sponsored by Senator Coons), includes the following provisions: (1) Gives federal courts original but non-exclusive jurisdiction over trade secret theft covered by the Economic Espionage Act; (2) Creates a uniform standard for such trade secret misappropriation; (3) Permits an ex parte order seizing and preserving evidence that mimics trademark law; and (4) Provides for injunctions and damages, including reasonable royalties.
Analysis and Commentary on the Latest Developments in Trade Secrets Protection, Disputes, and Enforcement