The Senate Judiciary Committee moved forward with hearings on the Defend Trade Secret Act (DTSA) that would, inter alia, create a Federal cause of action for trade secret misappropriation. The intent would not be to preempt state laws but instead to provide an additional layer of protection for trade secret owners. That said, the new law could be used to overcome limits and defenses available in some states (such as California). Although still objectionable to some, the current bill is a toned-down version of the parallel bill from last term. The current approach also has bipartisan support from leaders of the Judiciary Committee (Senators Grassley and Leahy).
Statements and Written Testimony from the Hearing:
- 2-02-15 Grassley Statement (R. Senator from IA and chair of Judiciary Committee)
- 12-02-15 Leahy Satement (D. Senator from VT and Ranking Member of Judiciary Committee)
- 12-02-15 Pooley Testimony (Former Deputy Director General WIPO)
- 12-02-15 Sandeen Testimony (Professor of Law at Hamline)
- 12-02-15 Beall Testimony (Chief IP Counsel for Corning)
- 12-02-15 Cochran Testimony (Chief IP Counsel for DuPont)
Of those testifying, only Prof Sandeen called for a slowdown in the legislative approach.