Legal Analytics for Trade Secret Litigation

Companies have long relied on trade secrets to protect their intellectual property. In today’s connected world, where data is easily transferred, guarding trade secrets has become more important than ever.

Lex Machina’s Legal Analytics for Trade Secret Litigation provides data-driven insights and trends in trade secret case timing, resolutions, damages, remedies, and findings. Our case set includes cases alleging misappropriation of trade secret under state law and / or the federal Defend Trade Secrets Act.

Trade Secret Litigation Summary

Use Cases

Lex Machina helps you answer questions such as:

  • How many cases over the past year have damages awarded for trade secret misappropriation? What were the specific amounts?
  • How long has it taken to receive a permanent injunction in a particular district for trade secret cases? How does this compare to another district court?
  • Which law firms have the most experience representing plaintiffs in trade secret cases in federal court?
  • What findings have been made for claims brought under the Defend Trade Secrets Act and how often?
  • How many trade secret cases have gone to trial and what is the win/loss rate?

Trade Secret Litigation Report
This 2023 report is a comprehensive overview of trends and insights for trade secret litigation covering 2018-2022.

Damages Categories

Our data includes the following damages categories: Actual Damages / Lost Profits, Reasonable Royalty, Punitive / Willfulness Damages.

Trade Secret Findings

State Law Trade Secret Misappropriation, DTSA Trade Secret Misappropriation. Other Findings: Ownership / Validity, Failure to Identify Trade Secret, Failure to Maintain Secrecy, Generally Known / Readily Ascertainable, Willfulness / Malicious Behavior

Trade Secret Defenses

Independent Development Defense, Equitable or Time Barred Defense

Remedies

Granted and Denied Permanent Injunction, Preliminary Injunction, and Temporary Restraining Order

Trade Secret Litigation Findings