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Global IP & Technology Law

$222M Jury Verdict Against Walmart in Trade Secret Case Reflects Growing Trend

Monetary awards in trade secrets cases continue to grab headlines in 2025. A reported in this recent blog post, a Boston jury awarded a medical device company $452M for theft of trade secrets by a competitor, later reduced to $59.4 in exchange for a permanent injunction. Last month, an Arkansas jury found Walmart liable for...... Continue Reading

June 2025 | Blog

Global IP & Technology Law

Compelling Rationale for Producing Proprietary Products in U.S. Found in USTR’s Special 301 Report on IP Protection and Enforcement Abroad (Part I)

While the current Trump Administration has based its global trade war on trade imbalances stemming from unfair trade practices of foreign countries, its weapon of choice—increased tariffs—is designed to encourage businesses to relocate manufacturing operations to the U.S., thereby boosting American employment and industrial capacity. The U.S. Trade Representative’s 2025 Special 301 Report, issued on...... Continue Reading

May 2025 | Blog

Global IP & Technology Law

The Potent Remedies Available Under the DTSA on Full Display in Insulet

In Insulet Corporation v. EOFlow Co., Ltd. et al., after a month-long jury trial, a federal court in Boston dropped the hammer on an insulin patch pump producer for misappropriating the trade secrets of its competitor. The jury found that EOFlow, a South Korean company, its U.S. subsidiary, and several individual defendants, including former employees...... Continue Reading

May 2025 | Blog

Global IP & Technology Law

Federal Circuit Upholds Major Trade Secrets and Contract Damages Award in Dispute Stemming from Failed Merger Talks

The recent Federal Circuit decision in AMS-OSRAM USA Inc. v. Renesas Electronics America, Inc. offers valuable lessons related to failed merger attempts, specifically the vast exposure that can result from a party breaching its confidentiality obligations. This protracted case—lasting more than 15 years and involving multiple trials and appeals—also highlights important principles about trade secret...... Continue Reading

April 2025 | Blog

Global IP & Technology Law

Face the inMusic: A Corporate Patent Owner Cannot (Yet?) Recover the Lost Profits of a Subsidiary

The Federal Circuit has long held that “the general rule” of patent infringement damages law is “a patentee may not claim, as its own damages, the lost profits of a related company.” More than 15 years ago, one patent owner argued that an exception to this general rule should be when a subsidiary’s profits “flow...... Continue Reading

April 2025 | Blog

Global IP & Technology Law

Lost Profits for Unpatented Products Dry Up in Wash World

Wash World Inc. v. Belanger Inc. raises the question whether lost profit damages for patent infringement can extend to profits related to unpatented products sold with a patented product. As with many legal issues, including the lost profits issue I addressed in my recent post, the answer to the question is “sometimes.” In Wash World,...... Continue Reading

April 2025 | Blog

Global IP & Technology Law

Eyes Wide Open: Lost Profits Are Available in the Absence of Acceptable Non-Infringing Substitutes

Lost profit damages are notoriously difficult to recover in patent infringement cases. Lost profits damages are recovered in only a small percentage of cases that go to trial. Among the challenges in recovering lost profits under the Panduit test are that the patent owner must prove the absence of acceptable non-infringing alternatives (Panduit factor 2)...… Continue Reading The post Eyes Wide Open: Lost Profits Are Available in the Absence of Acceptable Non-Infringing Substitutes appeared first on Global IP & Technology Law Blog.

February 2025 | Blog

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