May 07, 2018

In this article, Jenner & Block Partner Brian J. Fischer and Associate Gretchen O. Stertz explain that “idea misappropriation” features two requirements relating to the protectability of an idea: “novelty” and “concreteness.”  They discuss how claims can meet these two requirements.  They then offer best practices for parties to consider when litigating these claims.  “Idea misappropriation claims have real elements with real evidentiary thresholds, and where they can’t be met, the claim will not survive,” they observe.  “Thus, it behooves any good litigator to take great care to dissect the idea misappropriation elements in as much detail as possible to ensure her client the best likelihood of success.”