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In Six Dimensions, Inc. v. Perficient, Inc., No. 19-20505, 2020 WL 4557640 (5th Cir. Aug. 7, 2020), the Fifth Circuit explores the issue of what happens when an employer hires a new employee who is in possession of his former employer’s trade secrets.  In Six Dimensions, plaintiff Six Dimensions’ former employee left his Six Dimensions employment with a USB drive of Six Dimensions’ training materials.  The employee started work at competitor Perficient and brought with him the USB drive.  The evidence at trial demonstrated that there was discussion between the employee and Perficient about uploading the Six Dimensions’ training materials to Perficient’s server, but Perficient ultimately decided not to use the training materials.
Continue Reading Fifth Circuit Affirms Trial Court’s Judgment that Competitor Did Not Misappropriate Trade Secrets

Under Texas law, the one-satisfaction rule states that a plaintiff is entitled to only one recovery for any damages suffered because of a particular injury. In TMRJ Holdings, Inc. v. Inhance Techs., LLC, No. 01-16-00849-CV, 2018 WL 326421 (Tex. App.—Houston [1st Dist.] Jan. 9, 2018, no pet. h.), a misappropriation of trade secrets case, defendant argued that plaintiff’s judgment against it for a $4 million reasonable royalty and a permanent injunction violated the one satisfaction rule because the calculation of a reasonable royalty contemplated the future of the misappropriated technology.
Continue Reading Houston Court of Appeals Holds that an Award of a Reasonable Royalty and Permanent Injunction Does Not Violate the One-Satisfaction Rule

In my previous posts, I have discussed the varying standards for injunctive relief under the Texas Uniform Trade Secret Act (TUTSA). Some courts have required showings of irreparable harm. The Southern District of Texas, however, does not. …
Continue Reading Southern District of Texas Does Not Require Irreparable Harm for Modification of Temporary Injunction

In my earlier posts, I explored the complicated definition of “misappropriation” under the Texas Uniform Trade Secret Act (TUTSA).  Litigants and courts often fail to understand all the ways a trade secret may be misappropriated.  In this post, I explore the last of the six alternative paths to liability under TUTSA:

vi. Disclosure or use…

In my earlier posts, I explored the complicated definition of “misappropriation” under the Texas Uniform Trade Secret Act (TUTSA).  Litigants and courts often fail to understand all the ways a trade secret may be misappropriated.  In this post, I explore the fifth of six alternative paths to liability under TUTSA:…
Continue Reading The Six Paths to Liability Under the Texas Uniform Trade Secret Act – Part 5

In my earlier posts, I explored the complicated definition of “misappropriation” under the Texas Uniform Trade Secret Act (TUTSA).  Litigants and courts often fail to understand all the ways a trade secret may be misappropriated.  In this post, I explore the fourth of six alternative paths to liability under TUTSA:…
Continue Reading The Six Paths to Liability Under the Texas Uniform Trade Secrets Act – Part 4

In my July 16 and Sept 25 posts, I explored the complicated definition of “misappropriation” under the Texas Uniform Trade Secret Act (TUTSA).  Litigants and courts often fail to understand all the ways a trade secret may be misappropriated.  In this post, I explore the third of six alternative paths to liability under TUTSA:…
Continue Reading The Six Paths to Liability Under the Texas Uniform Trade Secrets Act – Part 3

In my July 16, 2017 post, I began an exploration of the complicated definition of “misappropriation” under the Texas Uniform Trade Secrets Act (“TUTSA”).  Litigants and courts often fail to understand all the ways a trade secret may be misappropriated.  In this post, I explore the second of six alternative paths to liability under TUTSA:…
Continue Reading The Six Paths to Liability Under the Texas Uniform Trade Secrets Act – Part 2