New Study Offers Deeper Look Into Growing Trade Secret Litigation
The new data from Lex Machina can help general counsel make wiser decisions about legal representation and strategy.
July 19, 2018 at 02:31 PM
2 minute read
Handout photo Fitbit Inc. Uber Technologies Inc. Trade Secret Litigation Report Rachel Bailey "machine learning" Littler Mendelson Jackson Lewis Seyfarth Shaw Ogletree, Deakins, Nash, Smoak & Stewart
- Damages were awarded in a small number of cases: 103 cases awarded actual damages/lost profits totaling over $1.3 billion; 47 cases awarded punitive or willfulness damages amounting to more than $295 million; 7 cases awarded a reasonable royalty, totaling over $93 million. Bailey said she hasn't seen punitive damages under the DTSA yet, and is waiting to see if judges will treat it as a tort or IP claim.
- Litigation is spread out fairly evenly through the various district courts across the country, with the top-drawing courts located in highly populated areas— Los Angeles (6 percent of cases), Chicago (5 percent), New York and Newark, New Jersey (4 percent each).
- Temporary restraining orders are granted on the merits in seven out of 10 cases, while preliminary injunctions are granted on the merits in six out of 10 cases.
- Claimants tend to win cases at trial (whether bench or jury trials), while defendants tend to win cases based on a judgment on the pleadings and summary judgment.
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