Trade Secret Defense

BACKGROUND

Upstream's client had been accused of trade secret violations, and the adverse party was seeking significant damages to compensate for alleged harm.

OUR ANALYSIS

Upstream was engaged by the defendant to assist in defense, by providing financial damages analysis, as well as a review of the relevant IP.

Upstream reviewed a number of the purported trade secrets and was able to demonstrate that these were commonly known facts and/or processes. In addition, Upstream prepared a rebuttal damages analysis and testified in an arbitration proceeding.

OUTCOME

Upstream's client ended up with no financial damages assessed.