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Companies in highly competitive industries often consider trade secrets to be their crown jewels. It is essential that companies understand that, in order to succeed in litigation over trade secret information, they must be able to articulate “reasonable measures” taken to protect the company’s crown jewels. Not only is it required to meet the definition of a trade secret, but failing to point to specific protective steps taken to protect the alleged trade secret can lead to defeat at the outset of a case via a motion to dismiss, or at summary judgment or trial. When addressing issues pertaining to “reasonableness,” courts typically take a case-by-case approach. “Total silence,” “absolute secrecy,” and “all conceivable efforts” are not required. But to be “reasonable,” protective measures must be established and followed for the alleged trade secret. As illustrated in the recently filed cases below, the range of protection measures are broad. Trade secret plaintiffs are touting their computer use and security policies, IP policies, and non-disclosure agreements when possible.
Continue Reading Recent Trade Secret Enforcement Cases Highlight Need to Specify Protective Measures Undertaken to Protect Trade Secrets

In an order filed January 8, 2021, the U.S. District Court judge overseeing the case cut Motorola’s $760 million jury award against competitor Hytera Corp. by over $200 million. Judge Charles Norgle of the Northern District of Illinois noted that the he made the decision “[w]ith a cool head and a keen eye.” The court found that the $760 million award included a double recovery for Motorola, in that it improperly awarded Motorola “both the $135.8 million in disgorged profits and the $73.6 million in avoided research and development costs.”
Continue Reading Motorola Solutions v. Hytera Commc’ns Corp. Ltd.

Marketing agency InnerWorkings, Inc. filed suit under the Illinois Trade Secrets Act against a former sales executive who left the company for one of its direct competitors, HALO Branded Solutions. InnerWorkings does not allege that the former sales executive, Brian Battaglia, absconded with or stole trade secrets when he left for HALO.
Continue Reading InnerWorkings, Inc. v. Battaglia

The U.S. District Court for the Southern District of New York held that a forum selection clause contained in an expired nondisclosure agreement did not preclude Samsung for pursuing patent challenges against NuCurrent at the Patent Trial and Appeal Board. In 2015, NuCurrent’s CEO had visited Samsung’s headquarters and demonstrated the company’s wireless charging technology