The Ninth Circuit endorses a continued-use theory under the Defend Trade Secrets Act, then holds that Google's published patent applications extinguished the very secret the plaintiff needed.
The Second Circuit erased a roughly $285 million unjust-enrichment award, holding that avoided development costs cannot be stacked on top of lost profits without proof of harm beyond actual loss.
The Third Circuit vacated a baking-supply injunction because the district court never said precisely what the protected trade secrets were — a cautionary tale about identifying the secret before enjoining anyone.
After four dismissals, the Third Circuit revived a microsphere drug-development trade-secret suit and gave the broadest appellate definition yet of what it means to 'use' a trade secret.
