Finnegan, Henderson, Farabow, Garrett & Dunner

Firm overview:

International IP specialists Finnegan focuses its trade secrets practice on matters involving complex technology, and operates across the US, Europe and Asia.

The firm provides comprehensive trade secrets protection and counselling to Fortune 500 and Global 1000 corporations, as well as innovative start-ups and organisations across all industries.

When litigation becomes necessary to protect clients’ trade secrets or to address a challenge from a competitor, the team can draw on decades of experience in trial procedures in the US in federal and state courts and across its global network.

Finnegan is experienced in addressing ex parte and preliminary injunctions, managing discovery, obtaining relief through dispositive motions, and preserving trade secrets during the course of litigation in trade secret actions.

A leading peer comments: “They did a fine job on the other side on a case recently. The case settled and they did well for their client. That was a good experience.”

Team overview:

Finnegan has 65-plus professionals holding PhDs in disciplines ranging from neurobiology to electrical engineering advising in specialised technology-related trade secret matters.

Key matters:

• The Better Meat Co. v Emergy, 2:21-cv-02338-KJM-CKD, Eastern District of California, 2023

Finnegan represented Emergy, trading as Meati Foods, in a trade secrets misappropriation, breach of contract, and correction of inventorship case, against The Better Meat Co. (BMC) and former employee Augustus Pattillo.

Emergy alleged that Pattillo stole its trade secrets on the cultivation and production of mycelium, a fungal meat substitute, gleaned as a lab technician for Emergy’s founders. The plaintiff claimed that Patillo misused them in his work with BMC, breached his nondisclosure agreement with Emergy, improperly filed patent applications on Emergy’s technology and assigned them to BMC.

BMC filed claims of tortious interference and unfair competition against Emergy, which Emergy succeeded in striking under California’s Strategic Lawsuits Against Public Participation (SLAPP) statute, entitling it to recover reasonable attorneys’ fees and costs. The case settled soon after the court issued its summary judgment ruling. BraunHagey & Borden partner Jeffrey Theodore represented Better Meat; Finnegan’s David Mroz and Sonja Sahlsten appeared for Emergy.

• AgroFresh v Decco US Post-Harvest, 1:16-cv-00662, District of Delaware, 2020

Finnegan represented Decco US Post-Harvest, the defendants in an action involving patent infringement, trade secrets, and tort claims relating to post-harvest ripening control technology used with produce. The Finnegan team included Washington, DC partners John Williamson, Rajeev Gupta, Anand Sharma, Karthik Kumar and Daniel Roland.

• Koni v Tenneco 1:17-cv-05369, Northern District of Illinois, 2018

Finnegan represented Tenneco in a lawsuit involving various trade secrets, tort, and breach of contract claims relating to damping technology for vehicle shock absorbers. The Finnegan team included Washington, DC partners John Williamson and Daniel Roland.

• Finnegan Palo Alto partner Ming-Tao Yang represented various global and US licence negotiations involving standard, semiconductor, and telecommunication patents licensees and licensors in patent and trade secrets licence negotiations involving standard-essential patents, semiconductor or integrated circuit patents, and other technologies.

Clients:

Decco US Post-Harvest, Ferring, Richwave Technology, Tenneco; Tata Consultancy Services.