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Briefs: Writ Petitions/Opposition
Jasmine Networks, Inc v. Superior Court (2009) 180 Cal.App.4th 980
12/29/2009
Authored by
Robin Meadow,
Marc J. Poster,
Alana H. Rotter
Practice Area: Civil Procedure
California Court of Appeal
The trial court dismissed a trade secrets misappropriation suit on the eve of trial, concluding that the plaintiff lost standing to pursue its claims when it sold what was left of the trade secrets to a third party but expressly retained its interest in the litigation. GMSR petitioned for a writ of mandate on behalf of the plaintiff. The petition argued that neither the California Uniform Trade Secrets Act nor any other authority requires a plaintiff to maintain ownership of its misappropriated trade secrets in order to recover for damages already incurred. The Court of Appeal agreed in a published opinion, holding that there is no “current ownership” requirement and ordering the trial court to reinstate the plaintiff’s suit.
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