statute of limitations

The Federal Circuit recently held that the dismissal of a trade secrets complaint for failure to state a justiciable claim was not warranted merely because the misconduct allegedly involved a number of wrongdoers and began many years before the complaint was filed.

Overview of the case. ABB alleged that, during a several decade period, some of its former employees engaged

Continue Reading Federal Circuit Reverses Lower Court’s Ruling That Plaintiff’s Trade Secret Misappropriation And Conspiracy Claims Were Untimely And Unprovable

By Robert Milligan and Grace Chuchla

Ahhh, Hawaii. Crystal clear water, pristine beaches, warm weather – it’s the perfect place to relax and enjoy some sun. Well, that is, it’s the perfect place to relax until you disclose your trade secrets to a third party contractor who then allegedly breaks its business relationship with you and goes on to allegedly
Continue Reading Trouble in Paradise? Trade Secret Theft Alleged in Hawaii Surrounding Zipline Technology

Two rival toy makers engrossed in an eight-year battle over the Bratz doll line have once again taken their fight to the Ninth Circuit. This week, a Ninth Circuit panel consisting of Chief Judge Alex Kozinski, Judge Kim Wardlaw, and Judge Stephen Trott, heard oral argument concerning an award of more than $310 million in damages and attorneys’ fees against
Continue Reading Ninth Circuit Hears Oral Argument in Rival Toy Makers’ Trade Secrets Dispute

Mattel recently appealed a $310 million award for its alleged misappropriation of MGA’s trade secrets and MGA’s attorney’s fees and costs in defense of Mattel’s copyright claim. In its opening brief, Mattel requests the Ninth Circuit to vacate or reverse the award on grounds that MGA’s trade secret counterclaim was untimely and barred by the statute of limitations. Mattel also

Continue Reading Mattel Appeals $310 Million Award in Bratz Case, Argues Trade Secret Counterclaim Was Untimely

Distinguishing between continuing misappropriation of one trade secret and separate misappropriations of related trade secrets can be a daunting task. The Supreme Court of Colorado recently held that, for statute of limitations purposes, the distinction may be inconsequential where misuse occurs on disparate occasions but the proprietary information was disclosed to the same person at substantially the same time, and in furtherance

Continue Reading Colorado Statute of Limitations For Misappropriation Of A Trade Secret Begins To Run Upon Knowledge That It, Or Even A Related Trade Secret, Has Been Misappropriated