GMSR: Greines, Martin, Stein & Richland LLP

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Los Angeles, California 90036
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Court of Appeal reverses dismissal of trade secret misappropriation claims
December 29, 2009

Jasmine Networks, Inc v. Superior Court (2009) 180 Cal.App.4th 980 (California Court of Appeal, Sixth Appellate District). 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.

Jasmine Networks, Inc v. Superior Court (2009) 180 Cal.App.4th 980

Robin Meadow
Marc J. Poster
Alana H. Rotter

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