When Winning the Battle Risks Losing the War: xAI’s Trade Secret Case Against OpenAI Dismissed
The ruling underscores that no matter how egregious an employee’s conduct, a trade secret claim under the Defend Trade Secrets Act (“DTSA”) requires allegations that the defendant acquired, induced, or used the stolen information, not just that it hired the people who took it.
The Importance of Describing Trade Secrets with Sufficient Particularity
Discerning the line between providing too much information in a trade secrets identification (and therefore potentially publicly revealing some of the proprietary information) and disclosing too little information (thereby risking dismissal or the need to amend a trade secrets disclosure) is more art than science
Northern District of California Court Finds State-Law Trade Secrets Action Is Preempted by Federal Patent Law on Issue of Inventorship
A plaintiff’s identification of trade secrets is one of the most important aspects of trade secrets litigation, as this case illustrates.

