Hiding Secrets in Plain Sight? Unsealed Court Papers can Jeopardize Trade Secrets, Part II
Apr 29th, 2014 by Frederick Spaeth | News | Recent News & Articles |
In my previous post I discussed the recent remand by the 4th Circuit Court of Appeals of DuPont’s $919 million dollar verdict in its trade secret misappropriation case against Kolon Industries. In that decision, the Fourth Circuit Court of Appeals asked the trial court to consider whether the trade secrets in question had lost their proprietary status because they were disclosed in unsealed court documents in a prior litigation. In this post I will briefly summarize the principles that will guide the trial court in resolving this question.