Trade secrets are significant intellectual property assets – for some businesses, the most important assets of the company. Baker Botts lawyers are skilled at working with clients in a wide range of industries to develop programs that adequately protect trade secrets as part of an overall strategy to protect intellectual property assets. Unfortunately, no method of protection is foolproof, and when trade secrets are misappropriated, litigation – including pursuit of a temporary restraining order and preliminary injunction – is often the most effective response.

Clients turn to us for help in trade secret litigation because of our skills and our experience. In addition to having skilled trial lawyers, we bring a solid understanding of technology to trade secret litigation. Our lawyers have degrees in electrical engineering, computer engineering, computer science, physics, math, biology, biochemistry, chemistry, chemical engineering, mechanical engineering, aeronautical engineering and civil engineering. With over 100 lawyers with technical degrees, we bring strong technical ability to trade secret litigation. That technical ability frequently gives us an edge over our competition, both in understanding the issues in a case and in explaining technology to a judge or jury. 

Our lawyers have successfully litigated major trade secret lawsuits large and small for both plaintiffs and defendants. In many of these suits, we have obtained prompt injunctive relief for a trade secret plaintiff. Other trade secret cases we have successfully litigated involved very substantial damages claims. For example, we represented a telecommunications equipment manufacturer, the plaintiff in a trade secret misappropriation case in the Eastern District of Texas. Following a trial that lasted several weeks, the jury awarded actual and punitive damages of $369 million to our client. We believe this is the largest trade secret jury verdict in history. Following postverdict rulings and an appeal, our client received, net of lawyers' fees and litigation expenses, more than $100 million.