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
- Other Barks & Bites for Friday, August 29: CAFC Affirms Prosecution Laches Ruling Against Hyatt; Trump Admin Cancels USPTO CBA; Second Circuit Affirms Lack of Standing in Ripple Trademark Case
- CAFC Dodges Key Issues in Reversing District Court Finding for Google on Prosecution Laches
- CAFC Corrects PTAB’s Inventorship Analysis in First Appeal of AIA Derivation Proceeding
- Brunetti’s Back: Split CAFC Rejects Most of Scandalous Trademark Applicant’s Arguments But Remands for Second Chance at TTAB
- CAFC is Unconvinced by Claim Construction Challenges to ITC’s Robotics Patent Infringement Finding