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Intellectual Property Law

: IP Law Observer

Cross-Complaint Asserted to Counter Trade Secret Complaint Falls to Anti-SLAPP Motion

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Case: Raining Data Corp. v. Barrenechea, Cal. App. No. G040902 (July 21, 2009)

The One Sentence Summary: Cross-complaint alleging unfair competition and related claims arising from filing of trade secret complaint was properly stricken with anti-SLAPP motion, and award of attorneys' fees was proper.


California Court of Appeal Holdings:

  • Gravemen of cross-complaint arose from filing of plaintiff's trade secret claims, and was properly stricken under California Code of Civil Procedure section 425.16 (the anti-SLAPP [strategic lawsuit against public participation] motion).
  • Detailed declarations without attorney time statements were sufficient to establish amount of attorneys' fees awarded to plaintiff for successful anti-SLAPP motion.

Full post as published by IP Law Observer on July 27, 2009 (boomark / email).

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