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The dichotomy between patent and trade secret cases is as old as time. But, Lex Machina’s newest platform – trade secrets – reveals some interesting new insights on key differences between patent and trade secret cases that will matter to plaintiffs and defendants alike. In trade secrets cases, 71% of cases that resolve at trial

Just last week, Lex Machina introduced its newest module which will cover trade secrets litigation – one of the most requested additions to this valuable analytical platform.

Lex Machina is an important tool for all trade secret litigators, drawing from nearly 10,000 trade secret cases in federal court since 2009 to provide in-depth strategic insights

On April 19, a divided Texas appellate panel reversed a jury’s $4.5 million award of exemplary damages, finding no evidence of malice in a hydraulic fracturing trade secret misappropriation case. Shale Exploration, an independent Oil and Gas Exploration company, accused Eagle Oil & Gas of breaching a confidentiality agreement and engaging in theft of trade

A Pennsylvania federal judge grants Ex-PharMerica Executive’s motion for summary judgment. PharMerica, a company that provides long-term care pharmacy services to organizations such as senior living communities, filed suit against ex-executive Lena Sturgeon and two other ex-PharMerica employees in September 2016. A decision on defendant’s motion for summary judgment was released on March 16, 2018.

The company accused the ex-employees of misappropriating trade secrets after leaving PharMerica to launch a rival company called ContinuaRX LLC. PharMerica argued that trade secrets arose from its marketing plans, software, training programs, and customer service metrics, along with documents created to assist PharMerica’s employees with doing their jobs. In its decision, Judge Cercone noted that PharMerica admitted, however, that: there was nothing trade secret or confidential about the customers in its market; pricing and margins in long-term care pharmacy marketplace are largely fixed by Medicare and Medicaid reimbursement rates; nearly all pharmacies follow state Medicaid comparable reimbursement strategies; and PharMerica trains customers on software that contains no prohibition against customer disclosure, among other relevant facts invalidating PharMerica’s arguments.
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Uber continues to find itself in the midst of trade secret-related controversy. Last Wednesday, the Florida Fourth District Court of Appeal affirmed the trial court’s decision in ordering Broward County to produce redacted monthly Uber reports to Yellow Cab. These monthly reports contain information regarding the number of pickups and drop-offs, time stamps, latitude and