Intellectual Property Law
New Matter SUMMER 2022, VOLUME 47, EDITION 2
Content
- 2022 New Matter Author Submission Guidelines
- Becoming More Like California? a Potential National Movement Towards Restricting the Use of Non-competes
- Copyright Commons
- Federal Circuit Column
- INTELLECTUAL PROPERTY SECTION Executive Committee 2021-2022
- INTELLECTUAL PROPERTY SECTION Interest Group Representatives 2021-2022
- Intellectual Property Section New Matter Editorial Board
- Larry G. Junker V. Medical Components, and Martech Medical Products, Inc.
- Letter From the Chair
- Letter From the Editor-in-chief
- My Ai Did It: Intermediary Liability For Ai?
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- Russia Permits Uncompensated Use of Certain Patents and Future of Russian Patents
- Table of Contents
- The California Lawyers Association Intellectual Property Alumni
- THE SUPREME COURT'S DECISION IN UNICOLORS, INC. V. H&M HENNES & MAURITZ, L.P. ELIMINATES A TRAP FOR UNWARY COPYRIGHT APPLICANTS
- Ttab Decisions and Developments
- What's Happening In Russia—Should Ip Rightsholders Be Concerned?
- Trade Secret Report
TRADE SECRET REPORT
Conor Tucker
Wilson Sonsini Goodrich & Rosati
TRADE SECRETS—DTSA "REASONABLE MEASURES" TO MAINTAIN SECRECY
Turret Labs USA, Inc. v. Cargosprint LLC, No. 21-952, 2022 WL 701161 (2d Cir. Mar. 9, 2022).
The Second Circuit affirmed dismissal of this trade secret case, finding that the plaintiff had alleged insufficient "reasonable measures" to maintain secrecy. The court held that what is "reasonable" depends on the nature of the trade secret itself, and "where an alleged trade secret consist primarily, if not entirely, of a computer software’s functionality—functionality that is made apparent to all users of the program—the reasonableness analysis will often focus on who is given access, and on the importance of confidentiality and nondisclosure agreements to maintaining secrecy." Plaintiff did not allege any confidentially or nondisclosure agreements governing the use of its software. Further, individuals "could simply be given access…and view and replicate [the program’s] functionality." "In the absence of nonconclusory allegations that it took reasonable measures to keep its information secret, [plaintiff] has not plausibly alleged…misappropriat[ion] of a ‘trade secret.’"