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: Womble Trade Secrets BlogOracle v. SAP Trade Secrets Case Getting Messier
The Wall Street Journal is reporting that Oracle is attempting to file an amended complaint that alleges SAP Board members were well aware a company they were acquiring was misappropriating Oracle's trade secrets - but did nothing to stop the practice.
In one document cited in Oracle's amended complaint, SAP executives were warned that TomorrowNow's access to the software "is very likely to be challenged by Oracle" and that TomorrowNow's operating practices "may be a serious liability." In another, a member of SAP's due-diligence team warned an executive-board member that it was "very likely that TomorrowNow is using [Oracle's] software outside the contractual rights granted to them."
The amended complaint charges that SAP's senior leadership developed a plan, dubbed "Project Blue," to discontinue TomorrowNow's alleged illegal activity, but that the plan was never enacted.
Instead, SAP continued to let TomorrowNow download its rival's trade secrets, the Oracle complaint alleges. The court filing alleges that TomorrowNow used customized software to automatically find and download information from Oracle and that TomorrowNow had 20 computers dedicated to storing this information. One of these computers contained eight million Oracle software and support documents, the complaint alleges.
Full post as published by Womble Trade Secrets Blog on July 29, 2008 (boomark / email).
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Until I read The Trade Secrets Blog, I did not think much about the fight between the Think Secrets Blog and Apple Computers. Its article, First Amendment v. Trade Secrets - The Curious Case of Think Secret, is worth pondering by bloggers and businesses: ...
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When you are not in the mood to "press the flesh" you can keep up to date on trade secrets developments by taking courses at WestLegalEd Identifying, Protecting Litigating Trade Secrets Get practical advice to help identify trade secrets, understand how to ensure legal protection for those trade secrets, and avoid trade secret theft...
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