Trade Secret, Federal

Fourth Circuit, Trade Secret, Federal, Trademark, Federal

dmarcian, Inc. v. DMARC Advisor BV — Fourth Circuit Upholds Cross-Border IP Injunction Under Abitron’s Conduct Test

The Fourth Circuit affirmed a preliminary injunction against a Dutch software company’s use of an American company’s brand and trade secrets, holding that Abitron Austria’s conduct-focused test for the territorial reach of U.S. IP law is satisfied where the defendant directly targeted U.S. customers online.

Eighth Circuit, Trade Secret, Federal

Wilbur-Ellis Company v. Gompert — Eighth Circuit Affirms Dismissal of Trade Secret Claims for Lack of Specificity

The Eighth Circuit affirmed summary judgment for four former employees, holding that Wilbur-Ellis Company’s trade secret claims failed because it never specifically identified what trade secrets were taken or how — and that the coordinated mass departure to a competitor did not, without more, breach the employees’ duty of loyalty.

District Courts, Trade Secret, Federal

Signant Health v. Definium Therapeutics — Delaware Court Dismisses LSD-Drug Trade Secret Suit for Lack of Specificity

A Delaware federal judge dismissed Signant Health’s DTSA trade secret claims against Definium Therapeutics, finding that identifying confidential LSD-trial technology only in broad, categorical terms — without pinpointing the specific information allegedly misappropriated — is insufficient to survive a motion to dismiss.

Supreme Court, Trade Secret, Federal

Tata Consultancy Services v. Computer Sciences Corp. — Supreme Court Declines to Review $168M Trade Secret Award

The Supreme Court declined to review a $168 million trade secret award against Tata Consultancy Services, leaving intact the Fifth Circuit’s judgment upholding $56 million in compensatory damages and $112 million in punitive damages for TCS’s theft of life-insurance software trade secrets from Computer Sciences Corporation.

District Courts, Trade Secret, Federal

Bayerische Motoren Werke AG v. Zync Inc. — Federal Judge Blocks ITC Trade Secret Proceeding to Enforce Forum Selection Clause

Judge Charles Breyer of the Northern District of California granted BMW a temporary restraining order blocking Zync Inc. from proceeding with an ITC trade secret investigation, finding BMW likely to succeed in enforcing a contractual forum selection clause designating German courts as the exclusive forum for disputes under their infotainment technology NDA.

Fifth Circuit, Trade Secret, Federal

EnvTech Inc. v. DeBusk — Fifth Circuit Opens Door to RICO Treble Damages in Trade Secret Cases

The Fifth Circuit revived a trade secret RICO claim, holding that the systematic acquisition of trade secrets—not merely their ongoing use—can satisfy RICO’s ‘pattern of racketeering activity’ requirement, potentially enabling treble damages and attorney fees for trade secret owners whose secrets were stolen in a pattern of competitive IP raids.

District Courts, Trade Secret, Federal

Control Technology v. Omni Energy — Court Denies Both Sides’ Summary Judgment in Trade Secret Case Involving Departing Employees Who Secretly Prepared RFPs for Competitor

A federal court in the Eastern District of Missouri denied cross-motions for summary judgment in a trade secret case where departing employees allegedly prepared requests for proposals for a competitor while still employed, sending the case to trial on misappropriation and fiduciary duty claims.

District Courts, Trade Secret, Federal

AGI SureTrack v. OPISystems — Court Recommends Adverse Inference Sanctions for Spoliation of Agricultural Trade Secrets

A federal magistrate in Kansas recommended adverse inference sanctions against OPISystems for spoliation of evidence in a trade secret case involving stolen agricultural grain-bin management source code, after finding that a former employee stored proprietary code on personal devices and a competitor failed to preserve it.

Other International (Taiwan), Trade Secret, Federal

Taiwan v. Chen Li-ming (TSMC Trade Secret Case) — Taiwan Court Sentences Former Engineer to 10 Years for Leaking 2nm Chip Secrets to Tokyo Electron

Taiwan’s Intellectual Property and Commercial Court convicted four engineers and fined Tokyo Electron NT$150 million in the first-ever corporate conviction under Taiwan’s National Security Act, for theft of TSMC’s 2nm semiconductor process technology classified as a national core critical technology.

Federal Circuit, Trade Secret, Federal

Malvern Panalytical v. TA Instruments — Federal Circuit on Trade Secret Preemption and Copyright in Scientific Instruments

The Federal Circuit addressed trade secret and copyright claims arising from TA Instruments’ alleged misappropriation of Malvern Panalytical’s confidential algorithms and software for rheology instruments — affirming the district court’s rulings on preemption of state trade secret claims and the scope of copyright protection for scientific measurement software.

Federal Circuit, Trade Secret, Federal

Provisur Technologies v. Weber — Federal Circuit on Trade Secret Misappropriation in Food Processing Equipment

The Federal Circuit addressed trade secret misappropriation claims between competing food processing equipment manufacturers — affirming the district court’s finding that Weber had misappropriated Provisur’s trade secrets through improper acquisition and use of confidential technical information about high-speed meat slicing systems, and upholding the damages award and injunction.

Federal Circuit, Trade Secret, Federal

Masimo Corp. v. True Wearables, Inc. — Federal Circuit Upholds Trade Secret Injunction, Holds Prior Publication in Unrelated Field Does Not Destroy Secrecy

The Federal Circuit affirmed a preliminary injunction protecting Masimo’s pulse oximeter algorithm as a trade secret, holding that prior publication of equivalent mathematics in a statistics journal did not make the algorithm generally known to those who could obtain economic value from it in the medical device field.

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