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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Jonathan was the lead author on behalf of the Boston Patent Law
Association s (BPLA s) Patent Office Practice and Diversity
& Inclusion Committees of a February 2021 Response to USPTO Request for
Comments on developing a national strategy to build a more
demographically, geographically and economically inclusive
innovation ecosystem. The Response provided answers to some of the
seventeen questions posed in the Request, including on how the
USPTO can provide training and outreach to populations of potential
innovators and future IP practitioners to help bring much needed
Powerhouse Points:
Patents protect an implementation of an idea.
Copyrights protect the expression of an idea.
Trademarks protect consumers by identifying the source of a
product or service.
Trade secrets protect valuable information that is not
generally known to others.
When you look around a business, it s easy to see the hard
assets: products and equipment that could be lost, damaged, or
stolen. Your clients would be foolish not to protect them, and
there are some obvious ways to do it. For example, they can lock
things away or, for smaller things, require employees to wear
uniforms without pockets to reduce theft.