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Tag Archives: preemption

Copyright Preemption and Its Interplay with Trade Secret Misappropriation

Posted in Copyright Law, Trade Secrets

By: James Kachmar A recent decision in the case Jobscience, Inc. v. CVPartners, Inc. (N.D. Cal. Jan. 9, 2014) shows the interplay between the various theories of intellectual property claims. There, the plaintiff asserted claims for both copyright infringement and trade secret misappropriation arising out of the alleged theft of its software code. The court… Continue Reading

Trade Secrets and Preemption

Posted in Trade Secrets

By James Kachmar Although several federal courts in California have previously considered the issue of preemption in trade secret misappropriation cases, the Sixth Appellate District, in K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc. ___ Cal.Rptr. 3d ____ (6th Dist. Mar. 3, 2009), became one of the first (if not the first)… Continue Reading