Trade Secrets Litigation

Polsinelli’s Trade Secrets Litigation attorneys partner with clients to aggressively protect their trade secrets. Our attorneys use their legal experience, grounded in solid business judgment, to develop processes and procedures that prevent clients’ valuable trade secrets and proprietary information from being misappropriated by or disclosed to competitors. We are nationally ranked as a Standout in Intellectual Property Litigation by BTI Litigation Outlook, 2021.

When our clients are victimized by a breach of security, we act swiftly to identify the thief and limit disclosure and misuse of this highly sensitive information by pursuing all available remedies, including immediate injunctive relief where appropriate. When our clients are accused of misappropriation, we analyze the claim and provide a vigorous and thorough defense.

Our group has decades of experience in enforcing and defending our clients in trade secret litigation in courts throughout the United States. Because of this vast experience, we understand that trade secrets take many forms ranging from a secret formula, unique technology and business method to a confidential development plan, covert marketing program or other undisclosed – yet valuable – information. We recognize that these trade secrets are our clients’ vital intellectual property and our attorneys are committed to understanding their value to a business and protecting those assets.

Our Trade Secrets attorneys regularly collaborate with technical professionals working in our various Intellectual Property areas of practice to ensure that our litigators have a sound understanding of the relevant scientific and technical issues involved in a case. Our depth is a great advantage, whether serving or responding to discovery, drafting briefs or addressing a judge and jury.

We have defended and prosecuted trade secrets disputes in jury trials, bench trials, evidentiary hearings, and appeals, and we have experience in litigating trade secret disputes in the following industries:

• Animal health sciences 
• Biosciences 
• Business methods 
• Chemical compositions and formulas
• Electrical and mechanical devices
• Medical devices
• Pharmaceuticals
• Software and information technology 
• Telecommunications

• Successfully defended trade secret claims arising out of the creation of a highly successful competing enterprise shortly after leaving the employ of the Plaintiff. In doing so, the defendants prevailed on their counterclaims and collected an affirmative judgment against the Plaintiff, which further enhanced their competitive edge.
• Successfully settled a claim for trade secret infringement against a competitor who, through a former employee of the plaintiff, obtained schematics, specifications and assembly procedures employed in the manufacture of electronics, and then proceeded to make, market and sell competing products derived from those trade secrets. The settlement included the disgorgement of all profits associated with such products, as well as the costs of suit.
• Defended McGhan Medical Corporation in patent infringement and trade secrets litigation brought by Medical Products Development, Inc. relating to textured silicone breast implants.
• Represented McGhan Medical UK Limited in patent infringement and trade secrets litigation against Nagor Limited and Biosil Limited relating textured silicone breast implants.
• Represented Eurosilicone SAS in patent infringement and trade secrets litigation brought by IP Resource Ltd. relating textured silicone breast implants.
• Represented Alion Science & Technology in a case involving trade secrets related to flight simulator software. Obtained a permanent injunction against the former employees prohibiting them from using the trade secrets at issue.
• Represented a digital manipulation software company against former employees relating to customer lists. Obtained an injunction prohibiting use of the lists.
• Successfully defended manufacturer of medical equipment, Sofamor Danek Group, Inc., against $15 million claim for lost profits, trade secret misappropriation, and assignment of three related patents in two-week jury trial and one-day court trial.