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Dechert’s Jill Kopeikin said it’s a victory for her side, because the court adopted much of her client’s reasoning in the opinion, and also because the claim isn’t time-barred. Kopeikin said the result is that each case will have to be taken individually to determine whether the claims are within the statute of limitations — something that her side will be able to prove in court, she emphasized.
Randy Kay, a DLA Piper trade secrets lawyer who is co-editor with Edelson of the “Trade Secrets” tome, said it’s a ruling lawyers will have to study.
“One message is to evaluate all potential misuse of your trade secrets when you discover misappropriation,” he said, “because your claims could become time-barred if you don’t investigate.”
And yes, Kay and Edelson will add the case to the second edition, due out late this year, Kay said. Look for it in Chapter 7.
