Document Type

Article

Publication Date

9-24-2024

Keywords

Zunum Aero Inc. v. The Boeing Co., Trade secrets, Proprietary information

Disciplines

Antitrust and Trade Regulation | Intellectual Property Law

Abstract

On Aug. 14, a $72 million jury trial win by Zunum Aero Inc. against The Boeing Co. in the U.S. District Court for the Western District of Washington for trade secret misappropriation evaporated with the court's post-trial holding that Zunum had failed to identify its trade secrets sufficiently.

How did we get here after three years of litigation, eight days of trial and countless dollars spent? How can litigants — and courts — avoid this situation in the future?

Clear pretrial identification of trade secrets is key, and litigants can find a road map for this in the Sedona Conference's 2021 commentary on "The Proper Identification of Asserted Trade Secrets in Misappropriation Cases." Zunum underscores the benefit of following that road map all the way through trial.

Comments

Published in Law360 on September 24, 2024.

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