Even though trade secret rights are governed today almost entirely by statute (the Uniform Trade Secrets Act (UTSA) in every state except New York, and the federal Defend Trade Secrets Act [DTSA]), its operative principles are rooted in common law traditions of tort and the twin policy objectives of “maintenance of standards of commercial ethics and the encouragement of invention.” Kewanee Oil Co. v. Bicron Corp., 416 U.S. 470, 481 (1974). Therefore, the Restatement (of Torts, from 1939, and of Unfair Competition, from 1995) can hold sway with courts even when they are engaged in statutory interpretation…. Here is a selection of those decisions, along with other resources, which have come out during (approximately) the past year and which I believe provide helpful guideposts about important aspects of trade secret law and practice.
Recent Posts
- Undermining Innovation: The Consequences of Closing the Rocky Mountain Regional USPTO Office
- Does the 2025 Version of PERA Indirectly Sanction Judicially Created, Non-Statutory ODP?
- Squires Takes Over All IPR Institution Decisions in Memo to PTAB Judges
- Other Barks & Bites for Friday, October 17: CAFC Finds Prosecution Disclaimer in Examiner Acceptance of Patentee’s Scope; Japan Urges Opt-In Copyright Model for Sora 2; and Seventh Circuit Clarifies Evidence Required for Sound Recording Copyright Claims
- USPTO Issues NPRM on IPR Practice, Withdraws Vidal-Era Proposal
