On September 12, A.J. Zottola spoke with Managing IP magazine on trade secrets litigation strategies. The following is an excerpt:
Armand Zottola, partner at Venable, tells Managing IP there are more traditional benefits and advantages to seeking trade secrets versus patent litigation.
Zottola, as well as leaders at two other firms, says the rise in trade secrets litigation can be attributed to the relative ease in securing larger damages awards, the ability to leverage trade secrets for market control, and an increasingly tech-driven economy that relies on trade secrets for competitive defence.
Trade secrets litigation has experienced a general, steady increase since the establishment of the Defend Trade Secrets Act, passed in 2016.
The act provided a uniform federal cause of action for trade secrets misappropriation. Previously, this was governed by a patchwork of state laws.
Zottola says another reason for the rise in trade secrets cases is due to clients' attempts to gain a competitive edge.
“Establishing a competitive advantage by exploiting your proprietary information is certainly at the heart of a lot of strategy behind whether to litigate or not,” he says.
For the full article, click here.