The Rise of the Era of Trade Secret Litigation
Ching-Lee Fukuda, Aimee Fagan and Irene Yang, the co-leaders of the IP litigation practice at Sidley Austin, write that the current landscape for patent litigation likely makes trade secret enforcement an attractive avenue for companies looking to protect their intellectual property.
January 04, 2024 at 07:30 AM
9 minute read
Trade secret enforcement is a growing frontier for intellectual property litigation. While patent litigation has long been the incumbent, over the course of the past decade or so we have seen significant unpredictability for patentees in asserting patents, defending their validity, and maintaining large awards on appeal. Trade secrets present an avenue for companies looking to protect their intellectual property without these growing hurdles. Recent verdicts in the nine-to-10-figure range demonstrate the potential for blockbuster awards in cases of trade secret misappropriation including for claims brought under the Defend Trade Secrets Act (DTSA). Indeed, a recent report indicates that 68% of all federal trade secret cases that went to trial in 2020 received verdicts in favor of the trade secret plaintiff.
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