Many companies assume that they need to choose between patent protections or trade secret protections for their intellectual property, thereby foregoing an important tool in their arsenal to protect key company assets. Some believe that these protections are diametrically opposed, as patents offer protection of intellectual property in exchange for public disclosure, whereas trade secrets offer protection for ideas, recipes, information, and technology, which has been kept confidential. However, despite the misconception that they are incompatible, trade secret and patent protections can be complementary means to protect IP, as evidenced by a recent Federal Circuit opinion which explored the intersection of patent law and trade secrets.
In Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc. (“TAOS”), 895 F.3d 1304 (Fed. Cir. July 2018), the court examined the dual prong approach of using the protections of both patent law and trade secrets, and its opinion demonstrates that it is possible to successfully use both forms of protection.
In January 2002, TAOS filed a patent application for certain technology utilized in smart phones. In 2004, the parties engaged in...
