Intellectual Property Law

We have learned that Apple Computer, Inc. will apparently not challenge the noteworthy California appellate decision rejecting its efforts to use the subpoena process to identify the source of leaked trade secret information about its upcoming products.  As we reported earlier, Apple had pursued trade secret litigation against the anonymous sources of the leaked information, but had its efforts to compel several online bloggers to reveal their anonymous sources rebuffed by the California appellate court.  The court ruled in May that bloggers were legitimate journalists and could avail themselves of constitutional free press protections and reporter shield laws.

Given the fact Apple?s effort to press trade secret claims against the anonymous sources had received significant support from other technology companies ? several of which had filed amicus briefs on Apple?s behalf ? there had been wide speculation that Apple might bring a further appeal to press for the right to pursue anonymous sources that have allegedly committed trade secret theft.  But, given statements in recent legal papers filed by Apple, and the expiration of Apple?s deadline to contest the May ruling, it now appears that Apple will not pursue the matter further, leaving that ruling an important precedent addressing the intersection of trade secret law with privacy and free press rights.

Today's Blogger: Eric Bass