Are non-compete agreements enforceable in Florida?
Yes, when they protect a legitimate business interest (including trade secrets), are reasonable in time, area, and scope, and comply with Florida Statutes Section 542.335. Courts evaluate enforceability based on the specific terms and circumstances of each agreement.
What should I do if a former employee took confidential information?
Act immediately. Contact an attorney to evaluate the situation and, if warranted, seek emergency injunctive relief to prevent the use or disclosure of the information. Delay reduces the effectiveness of injunctive relief and allows the competitive harm to compound.
Can I protect a trade secret without a patent?
Yes. Trade secret protection and patent protection are alternative strategies. Trade secret protection lasts indefinitely (as long as secrecy is maintained) and does not require public disclosure, while patents last 20 years and require full public disclosure of the invention. The choice depends on the nature of the information and the business’s strategic objectives.
What is the difference between the DTSA and Florida’s trade secret law?
The DTSA is a federal statute that allows trade secret owners to file suit in federal court. FUTSA is Florida’s state statute with similar protections. The DTSA provides the additional remedy of ex parte seizure orders and allows federal jurisdiction regardless of the amount in controversy.
What makes information a trade secret?
Information qualifies as a trade secret if it derives independent economic value from not being generally known or readily ascertainable, and the owner takes reasonable measures to maintain its secrecy. Both conditions must be met.
What is an Inter Partes Review?
An administrative proceeding before the Patent Trial and Appeal Board that allows any party to challenge the validity of an issued patent based on prior art. IPR is faster and less expensive than federal court litigation and uses a lower burden of proof, making it a powerful tool for challenging questionable patents.
How long does patent litigation take?
Patent litigation in federal court typically takes one to three years from filing through trial, depending on the complexity of the technology, the volume of discovery, and the court’s schedule. Many cases settle before trial. PTAB proceedings take approximately 12 to 18 months.
What damages can a patent holder recover?
Compensatory damages include lost profits or a reasonable royalty, whichever is greater. Enhanced damages of up to three times the compensatory amount are available for willful infringement. Attorney fees may be awarded in exceptional cases. Injunctive relief and prejudgment interest are also available.
Can I be liable for infringement without knowing about the patent?
Yes. Direct patent infringement is a strict liability offense, meaning knowledge of the patent is not required. However, willful infringement, which can result in enhanced damages, requires knowledge of the patent and deliberate disregard of the patent holder’s rights.
What is claim construction and why does it matter?
Claim construction is the process by which a court interprets the specific language of patent claims to determine their meaning and scope. The interpretation of claim terms determines whether the accused product falls within the patent’s boundaries. Claim construction is often the most consequential proceeding in a patent case because it frames the entire infringement […]
