Trade Secrets in IP Litigation: Strategies for Disclosure and Protection in Discovery, Pre-Trial, Trial

Description

Plaintiffs in trade secret litigation often face the challenge of protecting their trade secrets. This is especially difficult during trial, where they encounter different rules that are applied. The plaintiffs undoubtedly know the value of their trade secrets and recognize the implications of losing trade secret protection during a trial if measures, such as protective orders, are not put in place to minimize the damage.

Many plaintiffs are likely to want to delay disclosing their trade secrets for as long as possible, and discover as much information about the defendants' alleged misappropriation as possible. On the other hand, the defendants may rather have limited discovery and more limited scope in the case.

Protective orders should cover both discovery and trial and address issues such as redacted documents and how documents will be displayed for the court and jury without public disclosure. Further, the courts have struggled with the issue of disclosure. As a result, there continues to be uncertainty as to when and how plaintiffs must reveal the specific secrets. The parties should look to recent decisions for guidance in navigating the disclosure requirements.

Listen as our authoritative panel of IP attorneys examines the risks of disclosing trade secrets in IP litigation. The panel will address the when and how of disclosing during discovery, pre-trial, and trial. The panel will also examine recent decisions and offer guidance on protecting and strategically revealing trade secrets.