March 11, 2015 Articles

Key Developments in Trade Secrets Litigation

These cases continue to increase in importance as companies and the government focus more attention on them.

By Randall E. Kahnke, Kerry L. Bundy, and Ryan J. Long

Trade secrets continue to increase in importance as companies and the U.S. government are focusing attention on their value and protection. This past year has brought a number of significant developments in trade secrets law. In this article, we highlight five of them:

(1) the need to protect trade secrets during litigation, and the potential consequences of not doing so (i.e., the DuPont reversal); (2) the growing importance of specifically identifying trade secrets early in litigation; (3) the narrowing of patentable subject matter for software and the alternative of trade secret protection; (4) increasing support for passage of a federal civil trade secrets law; and (5) the continuing trend toward large damages awards and settlements in trade secrets cases.

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