Yesterday, L’Oreal learned just how valuable Olaplex’s trade secrets and patents were. U.S. District Judge Joseph F. Bataillon calculated the damages owed at almost $50M. However, post-trial briefing is still underway. Given the jury’s willful infringement finding, additional damages could be layered onto this almost $50M foundation.

To learn more about this case, please click

In Food Marketing Institute v. Argus Leader Media, the Supreme Court strengthened the federal government’s ability to protect trade secrets and confidential business information from disclosure in response to a Freedom of Information Act (“FOIA”) request. Food Mktg. Inst. v. Argus Leader Media, __ U.S. __, 139 S. Ct. 2356, 2366 (June 24, 2019). Under the facts of that case, the Court held that where the government received a third-party’s commercial and financial information and this information was treated confidentially, the information was exempt from disclosure and the government could not disclose it in response to a FOIA request. Many predict that this decision, which we previewed earlier this year, will help protect companies that provide sensitive information to government agencies and make it more difficult for the general public (including journalists and competitors) to access this information.
Continue Reading

After a week-long trial in June, a jury in the Southern District of Texas awarded digital marketing firm Six Dimensions, Inc. (Dimensions) $287,000 for its breach of contract claim against its former employee, Lynn Brading. However, the jury rejected Dimensions’ $50 million lawsuit against its competitor, Perficient Inc. (Perficient) for stealing its trade secrets.
Continue Reading

A recent International Trade Commission (ITC) case shows that, although rarely used, the ITC remains a viable option for parties pursuing trade secret misappropriation claims. Trade secret claims can be brought under Section 337(a)(1)(A)’s catch-all for other “unfair methods of competition and unfair acts in the importation of articles”—often called “non-statutory” claims—and can result in

Crowell & Moring Senior Counsel Byron Brown and Associate Robert Kornweiss contributed to the ABA Section of Intellectual Property Law, Trade Secrets and Interferences with Contracts Committee’s Annual Trade Secret Law Report 2018, which summarizes last year’s most notable trade secret cases.

To learn more about these trade secret cases and their significance, please click 

What could be worse than a competitor misappropriating your trade secret? When a group of competitors conspire to misappropriate your trade secret! Especially in light of a recent decision from the Third Circuit, which held that agreeing to steal a trade secret is not automatically an antitrust violation, meaning it could be very expensive to

Curvature Inc. brought suit against British contractor Cantel Computer Services LTD (“Cantel”) for breach of contract, unfair and deceptive trade practices, tortious interference, and violations of the North Carolina Trade Secrets Protection Act in North Carolina Business Court, a special forum within North Carolina’s Superior Court that handles cases involving complex and significant issues of

On Wednesday, May 15th, President Trump declared a national emergency via executive order over threats against American technology. The order authorized Department of Commerce Secretary Wilbur Ross, in consultation with various other agency heads to block transactions involving information or communications technology posing an “unacceptable risk to the national security of the United States.”

The

In trade secret misappropriation cases, the scope and sufficiency of the trade secret identification are central issues. And, once resolved, plaintiffs may allege new trade secrets thefts gleaned during fact discovery, which rekindles those issues. Recently, the United States District Court, Northern District of Illinois closely scrutinized just such lately raised trade secrets in Motorola

Hourglass photo

Waiting too long to bring a trade secrets case against a defendant could be fatal.

In 2011, Alta Devices, Inc. was the world’s only known manufacturer of thin-film solar technology. LG Electronics, Inc. expressed an interest in this technology which prompted the two companies to enter into discussions about possible business opportunities and ultimately sign