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Claimants prevailed over claim defendants by a more than 3 to 1 margin in trade secret misappropriation cases that terminated between January 1 and December 31, 2023. This includes trade secret misappropriation cases under the federal Defend Trade Secrets Act (DTSA) (which also includes cases where misappropriation was alleged under the DTSA and state trade secret law) and cases where DTSA is not alleged and the only trade secret misappropriation allegations are under state law.
Of the 890 cases with DTSA or with DTSA and state trade secret claims that terminated in 2023:
Of the 247 cases with state trade secret misappropriation claims (but not DTSA claims) that terminated in 2023:
For cases that terminated during this time period, the median time to milestones such as summary judgment, trial, and termination was longer in cases with trade secret misappropriation claims under state law only than in cases where DTSA or DTSA and state trade secret misappropriation claims were alleged:
Finally, injunctive relief was granted on the merits more often than not in trade secret cases that terminated during the time period. (This excludes injunctive relief by default and consent judgments.)
For more Legal Analytics about trade secret misappropriation in federal court, stay tuned for Lex Machina’s 2024 Trade Secret Litigation Report, scheduled for later this summer.