Dr. Fortune Shieh
Chairman of Taiwan Association for Trade Secret Protection Associate General Counsel
Taiwan Semiconductor Manufacturing Company, Ltd.
James Pooley
Former Deputy Director General
WIPO
Trade secret misappropriation is a critical concern for businesses seeking to protect their most valuable and sensitive intellectual property. However, the path to litigation in trade secret cases requires a strategic approach, involving everything from identifying the theft, proving the misappropriation, and navigating complex legal frameworks. As businesses face increasing risks from cyber threats, employee departures, and competitor actions, a well-thought-out litigation strategy is more important than ever.
- Determine the current requirement for trade secret owner to exercise “reasonable efforts” (UTSA) or “reasonable measures” (DTSA) to protect the information.
- Understand the critical elements required to build a strong case in trade secret misappropriation.
- Learn about the steps involved in securing evidence and effectively proving misappropriation.
- Gain insights into how to prevent trade secret theft before it occurs and how to respond effectively if theft happens.
- Explore strategies for settling or resolving trade secret cases before they go to trial.
- Understand the key legal and practical issues involved in defending against trade secret misappropriation claims.
- Explore current trends on jury instructions during trade secret litigation cases.
Victoria Cundiff
Adjunct Professor, PennCarey Law School
University of Pennsylvania
Ksenia Takhistova
Chief Legal Officer
LCM Biosensor Technologies
Lauren Uhlig
Partner
Williams & Connolly
David Soucy
Sr. IP Counsel, Global Lead Patent Counsel
SimpliSafe
David Soucy is Sr. IP Counsel and Global Lead Patent Counsel at SimpliSafe. David is an accomplished attorney with several years of experience handling a variety of technology and intellectual property law matters. Throughout his career, he has been dedicated to driving innovation, protecting intangible property, and supporting business growth through strategic management of IP assets.
Having held various roles in both late startups and mature operating companies, David has honed his expertise in patent prosecution, litigation, and client counseling. His professional journey has taken him from overhauling submarines as an engineer with the Department of the Navy to representing Fortune 100 clients in private practice to now serving as a Lead Global Patent Counsel where he develops and implements corporate IP strategies.
Before joining SimpliSafe, David influenced and drove IP strategies at a Fortune 1000 publicly traded technology company. There, he managed an extensive worldwide patent portfolio and streamlined IP management systems to enhance efficiency and augment protections. Due in part to his efforts, the company was recognized by the Intellectual Property Owners Association as one of the top 300 companies for granted U.S. patents.
David holds a Juris Doctorate from the University of New Hampshire Franklin Pierce School of Law and a Bachelor of Science in Mechanical Engineering from the University of New Hampshire. He is admitted to the State Bar of New Hampshire and licensed to practice before the United States Patent and Trademark Office.
Trade secret misappropriation is a critical concern for businesses seeking to protect their most valuable and sensitive intellectual property. However, the path to litigation in trade secret cases requires a strategic approach, involving everything from identifying the theft, proving the misappropriation, and navigating complex legal frameworks. As businesses face increasing risks from cyber threats, employee departures, and competitor actions, a wellthought-out litigation strategy is more important than ever.
- Determine the current requirement for trade secret owner to exercise “reasonable efforts” (UTSA) or “reasonable measures” (DTSA) to protect the information.
- Understand the critical elements required to build a strong case in trade secret misappropriation.
- Learn about the steps involved in securing evidence and effectively proving misappropriation.
- Gain insights into how to prevent trade secret theft before it occurs and how to respond effectively if theft happens.
- Explore strategies for settling or resolving trade secret cases before they go to trial.
- Understand the key legal and practical issues involved in defending against trade secret misappropriation claims.
- Explore current trends on jury instructions during trade secret litigation cases.
Trade secret cases have continued to evolve in response to changing business environments, technological advancements, and legal frameworks. As we move further into 2024, several trends are emerging in trade secret litigation, influenced by factors such as globalization, digitalization, and the increasing complexity of intellectual property protection.
- Discover the latest legal updates in Motorola v. Hytera its subsequent effect on Beijing Meishe v. TikTok, 2024 on the
extraterritorial reach of DTSA
- Determine when can plaintiff can recover investment in R&D vs when on loss profits?
• Dissect case law in Pegasystems v. Appian and Echospan v. Medallia to seek out reasoning behind monetary remedies
Bridget Smith
Assistant General Counsel, IP
Relativity Space
Ken Corsello
US Trade Secrets Counsel / Patent Licensing Counsel
IBM Corporation
Ken Corsello is an IP Law Counsel at IBM. He currently focuses on drafting and negotiating patent licenses and assignment agreements. At IBM, he has worked on patent procurement, litigation, client counseling, product clearance, and IP transactional matters.
Before joining IBM, Ken was a law clerk to Chief Judge Glenn Archer at the Federal Circuit; an Associate Solicitor in the USPTO; and in private practice at law firms in Washington, D.C. He did his undergraduate work in Computer Science at SUNY Stony Brook, received his JD from the Catholic University, and obtained an LL.M. from George Washington University.
Ken has been the chair of IPO’s Trade Secrets Committee since 2016. His recent presentations on trade secret law include participating in a panel at the USPTO’s “Trending Issues in Trade Secrets: 2019” symposium and as a witness on behalf of IPO at the 2018 hearing on “Safeguarding Trade Secrets in the United States” held by the U.S. House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet.
Tom Brown
Senior Managing Legal Director, Head of Intellectual Property Litigation
Dell
Giri Pathmanaban
Partner
Cleary Gottlieb
Giri Pathmanaban’s practice focuses on high-stakes patent, trade secret, and intellectual property contractual disputes. He has successfully represented clients in federal district courts, the International Trade Commission (ITC), and Patent Office proceedings. Giri simplifies complex issues, communicates effectively with clients and juries, and advises clients on IP issues to help achieve their business objectives. Giri’s technical background in computer science and engineering enables him to develop and execute winning legal strategies across a range of industries, inside and outside the courtroom. He has litigated cases in a range of industries, including cybersecurity, AI and machine learning, semiconductors, computer networking and electronic devices, internet and cloud computing, and medical devices and healthcare.
Damon Gupta
Director, Patent Counsel
Spark Therapeutics, Inc
Damon Gupta is a Director, Patent Counsel at Spark Therapeutics, Inc., a leader in gene therapy and member of the Roche Group. With over a decade of experience in intellectual property (IP) law and a background in molecular biology, Damon advises biotechnology and pharmaceutical companies on patent strategy, IP transactions, and risk mitigation. At Spark, Damon leads efforts to protect proprietary assets, including trade secrets, manage IP disputes, and provides IP support to cross-functional teams, including R&D, manufacturing, and corporate transactions. Damon holds a J.D. from Chicago-Kent College of Law, an M.S. from Baylor College of Medicine, and a B.S. from The Ohio State University.
Gregory Bombard
Shareholder
Greenberg Traurig, LLP
Gregory S. Bombard is a trial lawyer whose practice focuses on trade secret litigation. Greg also handles other IP litigation and complex commercial disputes. His trade secret clients are primarily in high tech industries, including biotech, medical devices, software, robotics, fintech, and manufacturing. Greg is an author of the ABA’s Guide to Protecting and Litigating Trade Secrets, 2nd Ed., and co-chairs of the ABA’s Trade Secret Litigation Subcommittee. Greg is a shareholder in the Boston office of the international law firm Greenberg Traurig, LLP. He can be reached at [email protected].
John Lee
Chief Counsel for Intellectual Property
U.S. House of Representatives, Committee on the Judiciary