Legal regimes are shifting, including in the intellectual property world as businesses increasingly seek the protection of trade secrets rather than patents to secure their confidential information. When the Defend Trade Secrets Act was passed in 2016, trade secret litigation skyrocketed, increasing more than 25 percent in a single year. While the number of trade secret cases filed in federal court fell briefly during COVID, that number is back on the rise, with over 1,200 cases filed last year. Meanwhile, patent litigation is experiencing the opposite trend: the number of patent cases filed in 2023 fell to their lowest levels since 2010. These trends highlight a shift in how businesses are protecting their companies’ confidential information that reflects an increased desire for comprehensive yet informal protection.
About
Steven Hollman is a partner in the Business Trial Practice Group in the firm's Washington, D.C. office and Leader of the Trade Secrets Team.
Latest Post
More Posts
Trade Secret vs. Patent – a False Dichotomy
The China Pivot: Closing the “Back Door” to Trade Secret and IP Theft
Why Patents Can Matter In Trade Secret Cases
IP Protection and the Open COVID Cure Chase
About
Steven Hollman is a partner in the Business Trial Practice Group in the firm's Washington, D.C. office and Leader of the Trade Secrets Team.