XIX. TRADE SECRETS
A. CASE LAW
1. U.S. Courts of Appeal
a. Nationwide Mutual Insurance Co. v. Mortensen
95 USPQ2d 1305
The U.S. Court of Appeals for the Second Circuit ruled on May 11, 2010 that
policyholder information that defendant insurance agents allegedly too k from plaintiffs’
computer system does not qualify as trade secret, since information is readily available from
physical policyholder files.
2. U.S. District Courts
a. Gene Codes Corp. v. Thomson
81 BNA’s PTCJ 492
The U.S. District Court for the Eastern District of Michigan ruled on February 11,
2011 that the former employee of a DNA-analyzing software company is not liable for stealing
the company’s trade secrets under Michigan’s Uniform Trade Secrets Act.
3. State Courts
California
a. Pacesetter Inc. v. Nervicon Co.
81 BNA’s PTCJ 868
A jury in the California Superior Court on April 22, 2011 awarded St. Jude
medical $2.3 billion in case involving theft of trade secrets including schematics, specifications,
source code and drawings.
