Patent Case Watch

Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest

Trade Secrets

Trade secret claims frequently travel alongside patent claims, particularly where the dispute involves former employees, a failed collaboration, or technology disclosed under a non-disclosure agreement. A trade secret is information that derives independent economic value from not being generally known and that is the subject of reasonable efforts to keep it secret, and misappropriation is its acquisition, disclosure, or use by improper means. Because the two theories can cover the same technology, courts address whether a claim is preempted, how a secret must be identified before discovery proceeds, and the overlap in damages. The opinions collected here address those questions in cases that also involve patents.

49 opinions and orders.