Steptoe & Johnson
Firm overview:
Full-service firm Steptoe & Johnson’s IP practice is one of its major practice areas. The firm handles ‘bet the company’ trade secrets litigation often involving an array of related matters across multiple jurisdictions, from copyright infringement to corporate espionage, to white collar crime and bankruptcy.
Steptoe’s lawyers are also experienced advocates for clients before the International Trade Commission, and through alternative dispute resolution. The firm’s caseload includes confidentiality agreements, covenants not to compete, and licences. It also covers claims under US federal statutes proscribing misappropriation and ‘hacking’ activities such as the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act.
Internationally, the team has been developing clients and contacts in Asia—predominantly in China, Taiwan, and Korea. The firm is witnessing continued growth in patent and trade secrets litigation in life sciences and high-tech, such as computer networking, semiconductors and website technologies, and renewable energy.
For example, new major litigation has arisen in relation to solar and network technologies. The team has been focusing recently on medical devices, pharmaceuticals, and other new high-tech areas, with promising beginnings in the area of biologics.
Team overview:
Boyd Cloern is lead counsel in one of the largest, most procedurally complex and contentious trade secrets and copyright disputes in the world, spanning multiple courts around the globe. His successful $64 million jury verdict has been chosen as a leading case in multiple categories. Says a client: “I can highly recommend Boyd Cloern. He’s a natural trial lawyer.” Adds a peer: “You won't find a more knowledgeable and experienced trade secret litigator.”
The firm is recruiting more junior-level associates to assist with workload. Alongside attorneys from the Intellectual Property group, the Trade Secret practice is staffed with attorneys from the Investigations & White Collar Defense; International Trade, Compliance & Investment; Tax, Transactions, Private Client, Insolvency & Restructuring; and Commercial Litigation practices.
Key matters:
- Coda Development et al v Goodyear Tire & Rubber Company et al. Case no. 5:15-cv-01572, Northern District of Ohio.
In September 2022, Boyd Cloern led a Steptoe team of 18 to secure a $64 million jury verdict for inventor František Hrabal and his company Coda Development against Goodyear Tire & Rubber Company. Nine jurors in Akron, Ohio, where Goodyear is headquartered, found that Goodyear misappropriated several of Coda’s trade secrets involving self-inflating tyre technology under the Ohio Uniform Trade Secrets Act.
The jury found that Goodyear wilfully and maliciously misappropriated Coda’s trade secrets after Coda disclosed them to Goodyear engineers under a non-disclosure agreement. Coda argued that Goodyear claimed Coda's inventions as its own, filed for and received patents, obtained government grants for research and development, and launched its own "Air Maintenance Technology" self-inflating tyre programme.
Coda argued that Goodyear's actions destroyed Coda’s trade secrets, interfering with its ability to bring its self-inflating tyre to market, and generating revenue through licensing deals.
The judge set aside the jury verdict and entered judgment for the defendants, holding that the alleged trade secrets are indefinite as a matter of law and should not have been presented to the jury in the first place. Steptoe & Johnson is appealing the decision on behalf of Coda. Jones Day advises the Goodyear Tire Company.
Clients:
Coda Development, Hytera Communications Corporation
