![]() ![]() ![]() In July 2013, the Minnesota Court of Appeals affirmed an arbitration award of $630 million against Western Digital Corporation in a case alleging trade secret misappropriation by former Seagate employee Sining Mao, who left Seagate upon accepting a position with competitor Western Digital ( Seagate Technology, LLC v. Although the unprecedented award was later revised downward, massive awards in cases of trade secret misappropriation are a trend. The case involved trade secret theft by a former employee seeking to capitalize on the misappropriated information with his competing medical device company, Nervicon. (BC424443) (California Superior Court, Los Angeles County) (April 2011)). a record $2.3 billion verdict ( Pacesetter Inc. In April 2011, a California jury awarded St. With today’s interconnectedness in the biotechnology and pharmaceutical fields, more collaborations, joint ventures, and outsourcing arrangements among firms, and increased mobility of employees’ careers, life science companies need to not only understand how to protect their trade secrets, but also know how to defend against a claim for trade secret theft. If the alleged trade secret, however, was developed independently, known publicly, or not maintained as a secret, then those defenses may successfully overcome a claim for trade secret misappropriation. ![]() Obtaining a trade secret through “improper means” is misappropriation. Trade secrets can be worth tens or hundreds of millions of dollars, and damage awards in trade secret litigation have been high often, there is a lot at stake. In general, a trade secret is information that is not generally known to the public and is maintained as a secret, and it provides a competitive advantage or economic benefit to the trade secret holder. Trade secret protection arises under state common law and state statutes. ![]()
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