• Graham Rogers
  • Our Blog
  • Contact Us
logo
  • About Us
  • IP Services
    • IP Valuation
    • IP Litigation – Damages
    • IP Transfer Pricing
    • Royalty Audits
  • Patent Damages
  • Trademark Damages
  • Copyright Damages
  • Business Valuation
  • Trade Secrets
  • Contact Us
  • About Us
  • IP Services
    • IP Valuation
    • IP Litigation – Damages
    • IP Transfer Pricing
    • Royalty Audits
  • Patent Damages
  • Trademark Damages
  • Copyright Damages
  • Business Valuation
  • Trade Secrets
  • Contact Us

What the Defend Trade Secrets Act Means for Intellectual Property

July 21, 2016
by Graham Rogers
Uncategorized
No Comment

Trade Secrets

On May 11, 2016, President Obama officially signed the Defend Trade Secrets Act or DTSA, after it had unanimously passed in the Senate and was ratified in the House with a vote of 410 to 2. This created a federal private civil action that allows for the misappropriation of trade secrets. While it does not preempt existing state law, it does provide an additional amount of relief and a 3-year statute of limitations.

The Fine Print: Ex Parte Seizures and Damages

The DTSA uses a similar definition of trade secrets to that of the Uniform Trade Secrets Act, but it also introduces an ex parte seizure procedures that can be utilized in extraordinary circumstances where whichever the party against whom the seizure is ordered may “destroy, move, hide, or otherwise make such a matter inaccessible to the court, if the applicant were to proceed on notice to such person…”

The new act also seeks to protect any seized property from disclosure by prohibiting access to said property from both the applicant and the party against whom the order is being issued, until the parties have had an opportunity to be heard in court. There are also certain time restrictions put in place, security against damages and if a person suffers any damages due to a wrongful or excessive seizure, they may be entitled to recover damages that include punitive damages and attorney fees.

Additionally, under the DTSA, trade secret owners may recover damages for their actual losses plus any damages for unjust enrichment caused by misappropriation. Alternatively, the trade secret owner can recover a reasonable royalty and if the trade secret was willfully or maliciously appropriated, a court may double any damages awarded and award attorney’s fees.

Whistle-Blower Immunity and Far-Reaching Consequences

The DTSA will also provide whistle-blower employees immunity against criminal and civil liberties under any and all federal and state trade secret laws, when disclosures are made to government official or an attorney. With this long awaited remedy for trade secret disputes, companies will now need to evaluate their policies and litigation options. It may be wise to give notice of the whistle-blower immunity provisions to all employees and contractors who may currently be under nondisclosure obligations as well.

This change to the law is a prime example of the complexities and risks of intellectual property matters. Graham Rogers and his staff have decades of experience and have been qualified as expert witnesses in various state, federal, and tax courts. They have worked in a wide variety of industries including, but not limited to: the pharmaceutical, medical device, high technology, digital services, finances, retail, healthcare services, and the insurance industries. If you are interested in a free intellectual property damages consultation, contact Rogers DVS today, and Graham Rogers will personally respond to your inquiry.

Tweet
Share
Share
0 Shares
READ MORE  Litigation Support for Major Patent/Copyright Infringement Damages Cases

About Author

Graham Rogers

You may also like

Litigation Support for Major Patent/Copyright Infringement Damages Cases

December 14, 2015
PreviousArctic Cat Awarded Trebled Damages of $46.7 Million   NextIntellectual Property Damages Primer for Young Start-up Business Owners

Contact Graham Rogers

  • Graham Rogers
  • Our Blog
  • Contact Us

Download Our Resources

  • Trademark Damages Whitepaper
  • Patent Infringement Whitepaper
  • Copyright Damages Whitepaper
  • Our IP Services
  • AMP Sitemap

Top Services

  • Copyright Damages Expert
  • Trademark Infringement
  • Patent Infringement
  • Personal Damages
  • Fraud & Forensic
  • Royalty Audits
  • IP Transfer Pricing
  • IP Valuation
  • IP Litigation – Damages

Popular Posts

IP Valuation: What is it Really Worth?
5 Ideas To Help You Protect Your Trade Secrets
When is the Right Time to Conduct a Royalty Audit?When is the Right Time to Conduct a Royalty Audit?
Lawsuits Over User-Generated Content (UGC)
The Value of a Business
Arctic Cat Awarded Trebled Damages of $46.7 Million  
Litigation Support for Major Patent/Copyright Infringement Damages Cases
Intellectual Property Damages Primer for Young Start-up Business OwnersIntellectual Property Damages Primer for Young Start-up Business Owners
Under Armour VS. Nike
What the Defend Trade Secrets Act Means for Intellectual Property

Valuation & Damages Services

  • Copyright Damages Expert
  • Trademark Infringement
  • Patent Infringement
  • Personal Damages
  • Fraud & Forensic
  • Royalty Audits
  • IP Transfer Pricing
  • IP Valuation
  • IP Litigation – Damages

Who We Are

Rogers DVS, led by Graham Rogers is an expert witness and consultancy business specializing in IP and Business Valuation, Fraud & Forensics, IP Damages and more. Your business and intellectual property is worth having the best, at Rogers DVS you get personalized attention, service and real experience on your side.

ASA - Certified - Graham RogersCLP Certified - Rogers DVS - Graham RogersRICS - Certified - Graham Rogers

Trending Posts…

  • 5 Ideas To Help You Protect Your Trade Secrets
  • Lawsuits Over User-Generated Content (UGC)
  • Protecting Your Business Assets and Trademarks
  • Intellectual Property Damages Primer for Young Start-up Business Owners
  • What the Defend Trade Secrets Act Means for Intellectual Property

Downloadable Resources

  • Trademark Damages Whitepaper
  • Patent Infringement Whitepaper
  • Copyright Damages Whitepaper
  • Our IP Services
  • AMP Sitemap
Copyright © 2019 Rogers DVS LLC. All rights reserved.
Powered by: Possible Web
Rogers DVS
  • About Us
  • IP Services
    • IP Valuation
    • IP Litigation – Damages
    • IP Transfer Pricing
    • Royalty Audits
  • Patent Damages
  • Trademark Damages
  • Copyright Damages
  • Business Valuation
  • Trade Secrets
  • Contact Us