Timely Trade Secret Misappropriation Claims Survive Dismissal Bid

Mealey's (December 12, 2019, 5:59 PM EST) -- SAN DIEGO — A federal judge in California on Dec. 2 ruled that a company’s state and federal trade secret misappropriation law claims against its former employee and a competitor are not time-barred because no evidence exists at this stage in the litigation showing that the company was aware, or should have been aware, that the defendants’ publication of a patent application itself constituted the necessary constructive notice of the alleged misappropriation (Javo Beverage Co. Inc. v. California Extraction Ventures Inc., et al., No. 19-1859, S.D. Calif., 2019 U.S. Dist. LEXIS 207483)....