Trade Secrets

Protecting trade secrets from internal and external threats is essential to your success. Trade secrets often represent the distinguishing information, technology, or competitive edge that drive your company’s business opportunities and marketplace advantage. Alston & Bird attorneys are experts at protecting our clients’ trade secrets from misappropriation and misuse. We counsel and advise on the best practices to identify and protect trade secrets and have litigated trade secrets cases in both civil and criminal forums, including state and federal courts, as well as before the U.S. International Trade Commission.

Our lawyers have substantial experience in swift actions to enjoin misappropriation through temporary restraining orders and preliminary injunctions and are familiar not only with protection of trade secrets under the Uniform Trade Secrets Act adopted by many states but also under the Computer Fraud and Abuse Act, which affords a federal forum for matters involving trade secret theft involving unauthorized computer access.

We also represent individuals and companies alleged to have misappropriated trade secrets. Our lawyers are skilled in the unique procedural aspects of trade secret litigation, which put you in the best position of defending yourself and may provide an opportunity to seek early resolution of the claims. Should the matter proceed, our lawyers rely on our proven track record of good results in both bench and jury trials.

Whether you’re defending your vital trade secret assets or defending against claims of misappropriation, Alston & Bird is there for you at the negotiating table and in court.

Representative Trade Secret/Patent Matters

• Handling patent and trade secret matters for a well-recognized, branded consumer products company focused on over-the-counter drug, household cleaning, and personal care products.
• Represented a large multinational entertainment company in the investigation of theft and publication of trade secrets by a hacker, including preparation of litigation and subpoena strategies.
• Represented and defended a technology startup in post-trial proceedings where the client was accused of trade secret misappropriation and computer hacking.
• Represented a large multinational telecom company in the investigation of employee theft and distribution of trade secrets, including leading the forensic investigation and preparing litigation strategy.

Representative Trade Secret Litigation

• Secured a multimillion-dollar jury verdict on behalf of a private energy company in a case alleging misappropriation of proprietary natural gas trading strategies, as well as breach of contract, fiduciary duty, and other business torts, in the alleged interference of the acquisition of a large natural gas storage facility.
• Defended a commercial lender and its founders in federal litigation brought by their former employer asserting trade secret misappropriation under the Defend Trade Secrets Act, breach of fiduciary duty, and other business torts arising out of the formation of an allegedly competing venture that pursued a strategy that combined commercial lending and credit card payment processing.
• Represented an investor in direct and derivative litigation against a joint venture partner and senior executive arising out of alleged misappropriation of trade secrets, breaches of contract, and breaches of fiduciary duty in connection with a competing Chinese pharmaceutical technology venture.
• Achieved a significant, confidential settlement for a medical device manufacturer involving theft of trade secrets concerning microcoil medical devices and related coatings. (CDCA)
  Defended an audiology device innovator against claims of breach of contract, trade secret misappropriation, and fraudulent misrepresentation, among others. The court ruled in favor of our client on all claims and dismissed the case with prejudice. (CDCA)
• Represented a plaintiff medical device company alleging misappropriation of trade secrets, including its customer lists and information and proprietary business know-how, as well as breaches of contract and numerous Lanham Act violations. The court first granted our temporary restraining order (TRO), then held a preliminary injunction (PI) hearing and granted our PI as well. The court’s TRO and PI orders both prohibited certain conduct and prescribed certain acts that the defendants were to carry out, including sending corrective letters to affected customers. (MDFL)
• Represented a photonic device manufacturer in an action involving misappropriation of trade secrets and unjust enrichment related to 3D printing technology. (MDFL)
• Represented a respondent, a significant, state-owned steel entity, against U.S. Steel over unique claims. The false designation of origin claims were dismissed on summary determination after the International Trade Commission remanded them back to the administrative law judge after previous dismissal. The trade secret claims were settled, and the antitrust claims were dismissed by the ITC. (U.S. ITC)
• Represented a retractable stadium roof manufacturer in patent infringement and trade secret litigation involving the retractable roofs on tennis stadiums. The plaintiff originally brought suit against the defendants and five other co-defendants. The court issued a claim construction order that held all the independent claims in one of the two asserted patents to be indefinite. After the favorable claim construction for our client, the case was settled favorably on all counts. (EDMI, EDNY, NDOH)
• Represented an energy solutions provider against claims of trade secret misappropriation, intentional interference, and unfair and deceptive trade practices involving methods of regenerating spent catalysts used to remove pollutants from the exhaust of coal-fired power plants. We advocated that the court stay discovery until the plaintiff disclosed its alleged trade secrets with specificity, and then won a partial summary judgment ruling that the majority of the alleged trade secrets are public knowledge. (NC Business Court)
• Represented the complainant, a power solutions manufacturer, in a series of proceedings involving patent infringement and trade secret misappropriation that was later the subject of multiple enforcement efforts, which included adjudication by the Federal Circuit, all found in favor of our client. (U.S. ITC, CAFC)
• Represented the plaintiff, a developer of leading-edge optical-fiber products, against an Indian company and its U.S. subsidiary in a case in which the defendants misappropriated and used confidential information about the plaintiff’s manufacturing processes, equipment, yield efficiencies, volume capacities, and quality controls. After receiving a favorable ruling on summary judgment, the parties reached a settlement very favorable to our client. (NDGA)
• Represented the defendant against claims of trade secret misappropriation involving housewrap materials used in construction. The case was settled very favorably to our client, providing them complete freedom from the suit relating to the product and technology in question. (NDIL)
• Represented the plaintiff for unfair and deceptive trade practices and fraud involving 3D ultrasound imaging machines for cardiology. After a two-week jury trial, the court awarded a judgment for our client of $318 million. (EDNC)