Complaint filed Under Defense of Trade Secrets Act of 2016
One of the first claims under the Defense of Trade Secrets Act of 2016 has been filed in the United States District Court for the Western District of Pennsylvania (Case No. 2:16-cv-00762-DSC) earlier this month. CNX Gas Company LLC has claimed that another party obtained certain of its trade secrets through a limited license but has made improvements to them and allegedly filed a provisional patent application using CNX’s alleged trade secrets. The Complaint is vague as to whether and what actions have been taken on the provisional patent application since last month’s effective date of the DTSA, making it unclear how prospective application of the new law will affect the case, which apparently involves pertinent events both before and after the effective date of the DTSA.
