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Trade Secret Litigation
Trade Secret Litigation is often one of the most fluid of the different types of Intellectual Property disputes. Patents have drawings (in the case of design patents) or verbal claims (in the case of utility patents) to define the scope of the conflict and give a basis for comparison against the accused product/process/work. Likewise, registered trademarks, or even common law trademarks, have a defined history of how they were used and what they consisted of to make a comparison with the trademark that is alleged to infringe. Copyrighted materials also have a clear basis for comparison against the accused work, because the copyrighted material must be deposited with the Copyright Office (Library of Congress) in order to obtain the Federal Copyright registration necessary to file suit.
In contrast, the record may not be as clear with regard to trade secrets, as to exactly what the accused misappropriator or was shown or otherwise exposed. It is again crucial in such a dispute to be able to marshall the facts to show exactly what material was misappropriated, as well how that subject matter was not a part of the public domain. Or more appropriately, how this subject matter differs from what the other side asserts to have been independently developed or a part of the public domain at the time they were exposed to the very material you claim as your trade secret.
As is typical in a patent infringement dispute, in which a party accused of patent infringement tries to garner evidence that the patent is not valid because the invention had previously been publicly known or used, a trade secret defendant will also typically attempt to trivialize the asserted trade secret by garnering evidence of its prior existence in the public domain. Knowing how to best deal with this situation requires careful analysis in order to thwart such efforts.
DISCLAIMER
Every case is unique and requires an experienced attorney to address your particular situation. Please do not consider any of the information provided here to replace a personal consultation with an experienced IP lawyer.
Call Smith and Garg today at 281.210.0010 or complete our Contact Form and let us assist you with your intellectual property law services and litigation needs.
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