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Ninth Circuit Recognizes Continued Use Doctrine Under The Dtsa News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Ninth Circuit Recognizes Continued Use Doctrine Under The DTSA, But Confirms That Patent Publication Precludes Claim - Intellectual Property

May a plaintiff bring a DTSA claim for the continued misappropriation of trade secrets that occurs after the DTSA went into effect, even if the initial misappropriated occurred before the DTSA was effective? Does the publication of a patent application containing the trade secrets at issue in a DTSA claim prevent the plaintiff from asserting the DTSA claim? The Ninth Circuit answered No to the first question and Yes to the second question. First, the Court determined that a DTSA claim may arise from continued misappropriation that occurred after the DTSA went into effect even if the initial disclosure of the trade secret occurred

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