Desmarais LLP attorneys have extensive experience representing clients in trade secret matters in state court, in federal court, and before the International Trade Commission (“ITC”). Whether on behalf of the trade secret holder or the party accused of misappropriation, Desmarais LLP attorneys have experience identifying, articulating, and protecting the rights of its clients.
Desmarais LLP’s flexible and innovative fee structure allows us to work with our clients to develop fee arrangements tailored to their individual needs. We do not use the traditional, and frequently inefficient, billable hour. Instead, we offer a flat-fee structure negotiated at the outset of a matter, which provides our clients predictability on a month-to-month basis. In appropriate cases, we will also entertain alternative fee arrangements.
Desmarais LLP attorneys have been active in all stages of trade secret litigation, from pre-suit forensic investigations through appeals. Desmarais attorneys have spoken on the growing importance of trade secrets as a tool to protect and enforce intellectual property rights. Indeed, Desmarais LLP attorneys are often the first choice of companies trying to protect their trade secrets or defend against trade secret suits.
MORE
LESS
Representative Matters
Enforcement of Trade Secrets
In a state court matter, Desmarais LLP represented a bioengineering innovator against a competitor that misappropriated our client’s trade secrets related to a medical device that promotes cell regrowth. The defendant was founded by our client’s former director of R&D and was poised to launch a commercial copy of our client’s device in the United States. Before that launch, our team secured an emergency preliminary injunction. Then, following additional briefing, we proved that the defendant had misappropriated our client’s trade secrets and intentionally induced several of our client’s former employees to breach their confidentiality and employment agreements.
In a life sciences matter in district court, Desmarais LLP represented the plaintiff in a dispute against a competitor that involved trade secret, unfair competition, and patent claims. The technology at issue related to medical devices and pharmaceuticals used to treat skin conditions. Our client alleged misappropriation of a wide range of trade secrets when it systematically hired away around a dozen of our client’s employees. The Court enjoined the alleged competitor from using the relevant materials.
In an ongoing district court matter, Desmarais LLP represents a trade secret and patent plaintiff that alleges a foreign entity obtained access to trade secret technology under false pretenses, reverse-engineered our client’s trade secret information, and developed a product that allegedly mimics our client’s system. To date, we have defeated several motions to dismiss, successfully moved to dismiss an antitrust counterclaim, and successfully moved to compel production of key discovery at the core of the trade secret claims.
Defense of Trade Secret Allegations
In a district court matter, Desmarais LLP represented an emerging fintech company with disruptive communication technology that was founded by the plaintiff’s former employees. The plaintiff alleged that those individuals had misappropriated a variety of trade secrets and used them to develop our client’s technology and business. Our team took over the case after it had been pending for a year, immediately shifting to an aggressive discovery strategy and developing several new defenses. After filing counterclaims, the Desmarais LLP team resolved the case on favorable terms for our client.
Desmarais LLP represented a SaaS software company in a trade secret case brought by its competitor in California state court. The competitor accused our client of hiring a number of its sales and marketing employees, who were accused of misappropriating a wide range of commercial trade secrets in the process. After we won a motion to compel a detailed identification of the alleged trade secrets, we then systematically broke down the alleged secrecy and value of each purported trade secret through a series of depositions.
Trade Secret Practice Before the International Trade Commission
Desmarais LLP represented a co-respondent accused of trade secret misappropriation and conversion of a proprietary strain of botulinum toxin products and related manufacturing processes. The ALJ held an evidentiary hearing in March 2024 and we expect an initial determination to issue this summer.
