O’Melveny’s Almeling, Snyder Author Article on Prior Use Defense in The Trade Secret Litigator Blog

April 18, 2012

The April 17, 2012, posting by John Marsh in the Trade Secret Litigator Blog details an invitation the author extended to O’Melveny & Myers’ David S. Almeling and Darin W. Snyder to comment on prior use defense. The article calls Almeling and Synder “powerful voices in the trade secret community” and points to “two groundbreaking articles” they wrote for the Gonzaga Law Review that “were the first serious empirical analysis of trade secret litigation in state and federal courts over the past 50 years.”


In their commentary on prior use defense, Almeling and Snyder discuss a 2011 patent law reform that extended the prior use defense of patents from business method patents to all patents. They recommend that companies still protect their intellectual property through patents and not rely solely on trade secrets protection because of the limited use of prior defense that leaves it open to litigation, according to the article.