In Trade Secrets Case Related to Barnes and Noble’s Nook Device: Court Grants Partial Summary Judgment Based on Disclosure of Secrets in Patent Applications, But Rejects UTSA Preemption Argument as Premature
13 01 2011- by Todd Barnard via Flickr
The Northern District of California granted partial summary judgment to a defendant in a trade secrets case on the ground that plaintiff disclosed its information to the public in its published patent applications. Spring Design, Inc. v. Barnesandnoble.com, LLC, No. C 09-05185 JW, 2010 WL 5422556 (N.D. Cal. Dec. 27, 2010) (slip op.). The court rejected defendant’s argument that plaintiff’s UCL claim was preempted by the UTSA because “if the confidential information is not a trade secret, then preemption would not apply because the claim would seek a civil remedy not based on the misappropriation of a trade secret.” Id. *10.
The content in this post was found at http://caltradesecrets.com/2011/01/02/in-trade-secrets-case-related-to-barnes-and-nobles-nook-device-court-grants-partial-summary-judgment-based-on-disclosure-of-secrets-in-patent-applications-but-rejects-utsa-preemption-argument-as-p/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.
