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Judge Channels Professor

Judge Davila Channels Prof. Lemley

By Dave Bohrer on April 19, 2019
Posted in Trade Secret Damages, Trade Secrets

Judge Davila’s treatment of trade secrets in his exemplary damages award in BladeRoom v. Emerson echoes substantially similar if not the same themes as Professor Lemley in his “IP Rights” theory of trade secrets

In addition to $30 million in compensatory damages, Judge Davila has awarded $30 million in exemplary damages to BladeRoom and…

apportionment image jpeg

Must Damages Be Apportioned on a Trade Secret-by-Trade Secret Basis?

By Dave Bohrer on June 4, 2018
Posted in Damages, Trade Secrets

“No,” says the court in BladeRoom v Facebook et al.  “Yes,” says the court in O2 Micro v. Monolithic Power.

Can these different results be reconciled and can a rule for apportioning damages between trade secrets be derived from the inquiry? Yes and yes.

BladeRoom v. Facebook et al.

BladeRoom is ND of California…

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Flat Fee IP is for persons seeking to efficiently and effectively litigate patents, trade secrets and other intellectual property (IP) rights. Author Dave Bohrer, partner of Greenfield LLP, discusses key substantive and procedural aspects of IP and technology litigation and offers both winning trial strategies and lower cost methods of delivering these legal services.

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