Trade Secrets
About
Your innovations are diverse. So are your options for protection. Realize the full value of trade secrets.
In today’s global economy, intense competition, employee mobility, and the proliferation of spin-off and start-up businesses make the protection of trade secrets critical. Often the formulas, devices, techniques, patterns, processes, data compilations, and methods that companies use to bring breakthrough products to market are overlooked from an intellectual property (IP) perspective. Recent headlines confirm the threat of trade secret misappropriation by competitors and nation states, and reported verdicts and settlements in trade secrets misappropriation matters range in the hundreds of millions and even billions. These developments all demonstrate that trade secrets will remain a fundamental part of companies’ IP strategies.
Contacts
- Elliot C. Cook
- Partner
- Reston, VA
- +1 571 203 2738
Experience
IL-2024-000026, UK High Court
Represented Rocket Pharmaceuticals, Inc. in district court litigation involving claims of trade secret misappropriation and breach of contract against corporate and individual defendants relating to complex treatments for genetic disorders. Obtained successful outcome including permanent injunction and other remedies against all defendants.
3:24-cv-02170, D. Or., Judge Simon
Represented Rocket Pharmaceuticals, Inc. in district court litigation involving claims of trade secret misappropriation and breach of contract against individual and corporate defendants and relating to complex treatments for genetic disorders. Successfully opposed motion to dismiss key claims and obtained settlement with all defendants following completion of fact discovery.
1:23-cv-09000, S.D.N.Y., Judges Castel, Aaron
Defending Accutar Biotechnology, Inc. in a trade secret lawsuit brought by Arvinas regarding alleged trade secrets concerning breast cancer therapies.
3:22-cv-00717, D. Conn., Judges Chatigny, Richardson
Finnegan represented Emergy, Inc., d/b/a Meati Foods in a trade secret misappropriation, breach of contract, and correction of inventorship case against The Better Meat Company (BMC) and Augustus Pattillo involving alternative meat made from mycelium.
Emergy alleged that Augustus Pattillo stole its trade secrets on the cultivation and production of mycelium that he learned while working as a lab technician for Emergy’s founders, misused them in his work with BMC, breached his nondisclosure agreement with Emergy, and improperly filed patent applications on Emergy’s technology and assigned them to BMC.
BMC filed claims of tortious interference and unfair competition against Emergy, which Emergy succeeded in striking under California’s anti-Strategic Lawsuits Against Public Participation (SLAPP) statute. After prevailing under the anti-SLAPP statute, Emergy was statutorily entitled to recover its reasonable attorneys’ fees and costs for defending against BMC’s stricken claims of tortious interference and unfair competition
Early in the litigation, Emergy defeated BMC’s motion to dismiss Emergy’s trade secret misappropriation and breach of implied contract claims. Emergy later defeated BMC’s motion for summary judgment on Emergy’s trade secret misappropriation, breach of contract, and breach of implied contract claims. The case settled soon after the Court issued its summary judgment ruling.
2-21-cv-02338, E.D. Cal., Judge Mueller
2-21-cv-02417, E.D. Cal., Judge Mueller
Represented NetNut in litigation in the Eastern District of Texas against Bright Data, related to Bright Data’s patents and trade secrets involving proxy server technology. The case resulted in a favorable dismissal for the client.
2:20-cv-00188, E.D. Tex., Judges Gilstrap, Payne
