Trade Secrets
Even prior to the enactment of the Defend Trade Secrets Act in 2016 and its federal protection of intellectual property rights, Perkins Coie has helped safeguard global and market-leading clients’ vital commercial assets in forums nationwide.
We represent plaintiffs and defendants, from Fortune 100 companies to startups, in high-stakes disputes as well as counseling matters to prevent the loss of proprietary information and threats to trade secrets.
Whether moving swiftly to obtain preliminary injunctions or strategically assembling a trial-tested team to uphold clients’ rights, Perkins Coie is highly experienced with the timing, critical components and compelling arguments of trade secret claims.
From defending against scorched earth litigation tactics to pursuing unscrupulous competitors or former employees, we are especially gifted at managing complex, massive, multiparty trade secret litigation in a practical and effective way, two words not usually associated with such cases.
More than 100 attorneys focus on trade secret issues and offer comprehensive legal representation in sophisticated, large-scale matters. We have prevailed at trial, secured jury awards, defeated high-risk claims and obtained substantial arbitration awards related to trade secret misappropriation claims. Our clients include pharmaceutical companies, aviation leaders, semiconductor makers, e-commerce companies and others. The scope of our counsel includes claims and guidance related to:
- Trade secret misappropriation
- Economic espionage
- Executive employment
- Employee raiding
- Breach of contract
- Breach of the implied covenant of good faith and fair dealing
- Unfair competition
- Nondisclosure agreements
- Noncompete agreements
- Internal trade secret protection procedures
- Trade secret license negotiations
Many of our Trade Secrets practice attorneys and IP professionals hold advanced technical degrees that facilitate our handling of the complex, scientific issues underpinning many trade secret matters. We have experience across an array of technologies and industries, including technology, media/entertainment; life sciences/healthcare; retail/hospitality; energy and natural resources and infrastructure.
Our Team
Our approach is cross-disciplinary, a reflection of the often-technical underlay of these claims, and is carried out by a deep bench of attorneys advising in such areas as:
Litigation
We handle trade secret disputes in federal and state courts across the country for clients ranging from Fortune 100 companies to startups. Their matters scale from pre-litigation dispute work, temporary restraining orders and preliminary injunctions to trial and appeal. Perkins Coie litigation and trial teams experienced in trade secret matters include 15 members of the American College of Trial Lawyers.
Complex, massive multiparty trade secret litigation is a particular practice strength, and we approach it with a practicality and effectiveness that is distinctive in the trade secret litigation arena. In addition, our litigation teams are bolstered by an E-Discovery Services & Strategy practice known for its depth and technical background. They deliver high-caliber results with efficiency, reliability, accuracy and cost control in a unified and strategic manner.
Employment
Our Labor & Employment practice attorneys have substantial experience managing trade secrets in the employment context. They counsel on the preparation and implementation of employment agreements involving trade secrets and other intellectual property, confidentiality agreements, non-compete agreements and internal trade secret protection procedures. Often, trade secret concerns trigger issues in other areas of the law. Our employment attorneys readily join forces with colleagues focused on intellectual property protections, creating a cohesive counsel team serving clients’ key industries and technologies.
Criminal Matters and Internal Investigations
Government investigations and white-collar criminal litigation are the focus of our White Collar & Investigations practice attorneys. Many are experienced former government lawyers with the U.S. Department of Justice and the Securities and Exchange Commission. They offer unique and invaluable insights that help corporations and individuals face the scrutiny of law-enforcement authorities in matters involving economic espionage and the theft of trade secrets. When the misappropriation of valuable trade secrets is suspected within an organization, we help companies conduct internal investigations and provide advice on preventing misconduct by employees. (More information on our Criminal Trade Secrets capabilities.)
Business Counseling and Transactions
When offering practical and effective advice to clients on trade secret issues related to business transactions, we assist clients with identifying and defining trade secrets, negotiate trade secret licenses and other transfers, and establish measures and programs for protecting trade secrets and other confidential information.
Government Contracts
Our Government Contracts practice attorneys help companies maximize the protection of their trade secrets when doing business with the federal government. We understand the rules and contract clauses that govern trade secret protection under government contracts and the government's rights in computer software and technical data. Our counsel includes preventing the improper release of trade secrets under the Freedom of Information Act (FOIA) as well as drafting and negotiating licenses and other intellectual property arrangements as part of prime contract, subcontract and teaming agreements.
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Professional Experience
View Representative Trade Secret Experience
Move, Inc. v. Zillow, Inc.
King County Superior Court (Washington)
Represented the defendant Zillow in an employment-related unfair competition/trade secret case against its largest competitor in which the plaintiffs sought approximately $2 billion in damages. After the Court dismissed more than $1 billion of plaintiffs’ claimed damages, found in favor of Zillow on allegations of spoliation, and granted several of the client’s motions for partial summary judgment including dismissal of most of plaintiffs’ tort-based claims, case settled on what was scheduled to be the first day of trial.
Anacor Pharmaceuticals v. Valeant Pharmaceuticals Inc.
JAMS Arbitration in San Francisco, CA
Obtained an award of $100 million, plus fees and costs, for Anacor Pharmaceuticals in a JAMS arbitration in San Francisco that involved trade secret misappropriation, breach of contract, breach of the implied covenant of good faith and fair dealing and unfair competition claims.
TriQuint Semiconductor v. Avago Technologies Inc.
U.S. District Court for the District of Arizona
Represented TriQuint in a patent, antitrust and trade secret case involving bulk acoustic wave technology. The court denied all of Avago's summary judgment motions and granted TriQuint's motions to dismiss most of Avago's trade secret claims, all of its copyright claims and four of its patent claims.
The Boeing Company v. Sierracin Corporation, et al.
State Supreme Court of Washington
Represented Boeing at trial and on appeal in one of the most widely cited trade secret cases in the state of Washington. The case included antitrust counterclaims involving aircraft spare parts sales. The jury verdict for Boeing on trade secret claims was upheld on appeal, and the antitrust verdict against Boeing was reversed on appeal.
PowerDsine Inc. (Microsemi Corporation), et al. v. AMI Semiconductor Inc.(ON Semiconductor)
U.S. District Court for the Southern District of New York
Defended ON Semiconductor in an action alleging misappropriation of proprietary information disclosed under a nondisclosure agreement (NDA) relating to integrated circuits used in Power-over-Ethernet technology. Microsemi Corporation sought $88 million in damages. The case settled on highly favorable terms after the court found sufficient merit in the defendant's oral motion to exclude the plaintiff's damages expert and to strike the plaintiff's damages claims to suspend the trial in its second week.
Fluke Corporation/Danaher Corporation v. Morrow, et al.
State Court of Appeals of Washington
Obtained a preliminary injunction for plaintiffs after a four-day bench trial in a noncompetition/trade secret/employee raiding suit. Later settled.
SMC Networks Inc. v. Hitron Americas Inc., et al.
U.S. District Court for the Central District of California
Acted as lead trial counsel for Hitron Americas Inc. and its former officers in litigation involving various claims, including misappropriation of trade secrets and unfair competition. The alleged misappropriation of trade secrets involved the cable modem industry.
Amazon.com Inc. v. Christopher Zyda
U.S. District Court for the Western District of Washington
Represented Amazon.com Inc. in a trade secret dispute involving eBay's hiring of a senior Amazon.com executive. The case settled on favorable terms.
Big Fish Games Inc. v. iWin Inc.
U.S. District Court for the Western District of Washington
Obtained preliminary and permanent injunctive relief for Big Fish Games in a case based upon a competitor's unauthorized access to Big Fish Games' proprietary and trade secret information. The case was favorably resolved after discovery.
Calence LLC v. Dimension Data Holdings, plc., et al.
U.S. District Court for the Western District of Washington
U.S. Court of Appeals for the Ninth Circuit
Served as trial counsel for Dimension Data and company vice president in trade secret, unfair competition and employee raiding lawsuit. We defeated motions for temporary and preliminary injunctive relief. The case was affirmed on appeal to Ninth Circuit and settled after the first week of scheduled three-week jury trial.
Wal-Mart Stores v. Amazon.com
Superior Court of Arkansas
Benton County State Superior Court of Washington
Represented defendant Amazon.com in an inevitable disclosure trade secret case regarding data warehousing and other computer technologies. The case settled following successful pretrial motions.