We Understand the Defend Trade Secrets Act

The Defend Trade Secrets Act of 2016 (DTSA) defines trade secret as all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if (A) the owner thereof has taken reasonable measures to keep such information secret; and (B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information. (18 U.S.C. 1831 et seq.)

TSA defines trade secret misappropriation as:

  1. acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
  2. disclosure or use of a trade secret of another without express or implied consent by a person who (a) used improper means to acquire knowledge of the trade secret; (b) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was—(i) derived from or through a person who had used improper means to acquire the trade secret; (ii) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or (iii) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or
  3. before a material change of the position of the person, knew or had reason to know that—(a) the trade secret was a trade secret; and (b) knowledge of the trade secret had been acquired by accident or mistake.

Services We Provide

  • Identification of any proprietary information
  • Prior art search to determine if the information was publicly known
  • Determination of whether an accused party has used the proprietary information 
  • Evaluation of whether reasonable measures were taken to protect the trade secret
  • Determination of whether an accused party had access to the proprietary information
  • Analysis of any potential reverse-engineering activities
  • Determination of whether the parties could have arrived at the trade secret independently
  • Appropriation of value and benefits associated with the trade secret
  • Expert report preparation
  • Deposition testimony
  • Trial testimony

Selected Trade Secret Cases

RE FormsNet LLC v. Glide Labs Inc.
Jurisdiction: Superior Court of the State of California, County of San Francisco
Case No.: CGC-21-588988
Counsel: Keker, Van Nest & Peters LLP

Jurisdiction: Middle District of Florida, Tampa Division
Case No: 8:17-cv-190-T-23MAP
Counsel: Rocke McLean Sbar

Ford Motor Company v. Versata Software, Inc., F/K/A Trilogy Software, Inc. 
Jurisdiction: Eastern District of Michigan, Southern Division
Case No: 15-10628-MFL-EAS (consolidated with 15-11624-MFL-EAS)
Counsel: Ahmad, Zavitsanos, Anaipakos, Alavi, and Mensing P.C. 

Financial Information Technologies Inc. v. Mark Lopez 
Jurisdiction: Middle District of Florida, Tampa Division
Case No: 8:15-cv-02784-JSM-AEP
Counsel: Rocke McLean Sbar