In Eastman Chemical Company, v. Alphapet Inc., et al., Civ. Action No. 09-971-LPS-CJB 2011 U.S. Dist. LEXIS 127757 (Dist. DE) (November 4, 2011) (unpublished) Plaintiff Eastman Chemical Company ("Eastman" or "Plaintiff’) filed an amended complaint alleging patent infringement, breach of contract and trade secret misappropriation.  Plaintiff alleged that former Eastman employees at the direction of one or more of

Continue Reading What Does It Take to Plead a Claim for Trade Secret Misappropriation Claim Under the Uniform Trade Secrets Act?

A recent opinion issued by a U.S. Magistrate Judge for the District of Colorado with respect to a discovery dispute in a trade secret misappropriation case may please defense counsel, but create headaches for plaintiffs’ lawyers, because the Court set harsh pleadings standards that plaintiffs must meet. The Court seems to have been more sympathetic (a) to the defendants’ and the court’s desire

Continue Reading Colorado Magistrate Judge Outlines Stringent Pleading Requirements Which Must Be Satisfied Before Plaintiffs Alleging Trade Secret Misappropriation Can Compel Responses To Discovery Requests; Judge Also Encourages Filing Pleadings Under Seal