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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.

Finnegan focuses its trade secret practice on matters involving complex technology. We have decades of experience counseling and advising on IP strategy in tech-heavy industries, and regularly litigate “bet the company cases.” Our deep bench of technical expertise, which includes 65+ professionals holding Ph.D.’s in disciplines ranging from neurobiology to electrical engineering, serves as a strong foundation to advise and litigate in specialized technology-related trade secret matters. We are able to efficiently and effectively work with engineers and scientists on unique trade secrets issues such as independent development, reverse engineering, and the state of the technical art.

Develop a strong foundation for your valuable trade secrets

Finnegan provides comprehensive trade secret protection and counseling to Fortune 500 and Global 1000 corporations, as well as innovative start-ups and organizations across all industries. Working closely with each client’s legal, business, and technical personnel, we help identify the key elements surrounding an innovation or technology that will benefit from trade secret protection. We also keep a watchful eye out for types of information that might warrant patent or copyright protection, or protection through various forms of confidentiality and noncompete agreements.

Trade secret investigations and cases often proceed on a fast track. From the moment a problem arises, speed is essential to prevent loss of the secret or to control the damage. This is where Finnegan brings a distinct advantage. We bring immediate and comprehensive legal and technical resources to each matter. If litigation is needed, our deep understanding of the technology allows us to devise persuasive and effective strategies, and to resolve the matter quickly.

When litigation becomes necessary to protect our clients’ trade secrets or to address a challenge from a competitor, our trial lawyers draw on decades of experience in federal and state courts. Trade secret litigation presents unique procedural challenges. We have a proven track record in addressing ex parte and preliminary injunctions, managing discovery, obtaining relief through dispositive motions, and preserving trade secrets during the course of litigation in trade secret actions.

Finnegan provides comprehensive trade secret services

Litigating trade secret misappropriation cases before state courts, federal courts, the U.S. International Trade Commission (ITC), and arbitration panels
Conducting internal audits and investigations regarding trade secret misappropriation
Identifying trade secrets that can be protected
Reviewing methods for preserving secrecy and security
Instituting new security measures to prevent wrongful misappropriation or disclosure
Drafting appropriate nondisclosure contracts with employees and third parties
Conducting training sessions for employees to instill the need for secrecy
Developing the means to protect confidential business information that may not qualify for trade secret protection

Everyone in this practice

업무사례

Finnegan represented Eastman Chemical Company, an independent global specialty materials company, and several of its subsidiaries in a UK dispute concerning copyright infringement, trade secret misappropriation, and breach of contract before the UK High Court. The dispute centered on a proprietary database of patterns used in automotive paint protection film. The parties reached a confidential settlement and the Defendants agreed not to infringe Eastman intellectual property rights in the future.

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