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How Not to Build a Case of Trade Secret Misappropriation | McDermott Will & Emery

To embed, copy and paste the code into your website or blog: The US Court of Appeals for the Ninth Circuit affirmed a dismissal of trade secret claims, finding that although misappropriation of a trade secret prior to the enactment of the Defend Trade Secrets Act (DTSA) does not preclude a claim arising from post-enactment or continued use of the same trade secret, the publication of a trade secret in a patent application extinguishes trade secret status. Eli Attia; Eli Attia Architect PC v. Google LLC, et al., Case No. 19-15771 (9th Cir. Dec. 16, 2020) (Wallace, J.) Eli Attia is an architect who developed a system and method for automated design, fabrication and construction, called Engineered Architecture (EA). In 2010, Attia entered into a partnership with Google. Attia disclosed his trade secrets related to the technology to Google so that they could work together to develop a program that would implement EA. Attia executed patent assignments with Google, and a year later Goo

Ninth Circuit on Trade Secret Misappropriation

Thursday, January 14, 2021 The US Court of Appeals for the Ninth Circuit affirmed a dismissal of trade secret claims, finding that although misappropriation of a trade secret prior to the enactment of the Defend Trade Secrets Act (DTSA) does not preclude a claim arising from post-enactment or continued use of the same trade secret, the publication of a trade secret in a patent application extinguishes trade secret status.  Eli Attia; Eli Attia Architect PC v. Google LLC, et al., Case No. 19-15771 (9th Cir. Dec. 16, 2020) (Wallace, J.) Eli Attia is an architect who developed a system and method for automated design, fabrication and construction, called Engineered Architecture (EA). In 2010, Attia entered into a partnership with Google. Attia disclosed his trade secrets related to the technology to Google so that they could work together to develop a program that would implement EA. Attia executed patent assignments with Google, and a year later Google filed patent applic

Ninth Circuit Applies the Continued Use Doctrine to the Defend Trade Secrets Act | Sheppard Mullin Richter & Hampton LLP

To embed, copy and paste the code into your website or blog: The Defend Trade Secrets Act (“DTSA”), enacted in 2016, created a federal right of action for misappropriation of trade secrets. The Ninth Circuit recently addressed for the first time whether a DTSA claim may be brought against misconduct predating the enactment of the DTSA.  The Ninth Circuit held that it could, so long as the misappropriation continued until after the enactment of the DTSA.  See In Attia, plaintiff Eli Attia developed a new architecture technology called Engineered Architecture (“EA”).  In July 2010, Google approached Attia about partnering to create a program to implement EA.  Attia disclosed his alleged EA trade secrets with the understanding that Google would compensate him if the program was successful.  In 2011, Google allegedly filed patent applications based on the EA trade secrets.  After the patents published in 2012, Google allegedly excluded Attia from the project and used

Ninth Circuit Applies the Continued Use Doctrine to DTSA

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Other Barks & Bites for Friday, December 18: WIPO Report Shows Drop in Global Patent App Filings, Ninth Circuit Affirms Dismissal of RICO Claims Against Google, and CNIPA Issues First Batch of Guiding Administrative Cases

Other Barks & Bites for Friday, December 18: WIPO Report Shows Drop in Global Patent App Filings, Ninth Circuit Affirms Dismissal of RICO Claims Against Google, and CNIPA Issues First Batch of Guiding Administrative Cases
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