Legal Question in Technology Law in California

My start up Internet company developed a specific method of technology..but it is not patented yet. We released the technology to the public.

A large Internet company tried to hire our key engineer without success. Then they copied our technology and released it is well.

We have established our technology long before they have had it.

Do we have any recourse?

Asked on 1/01/10, 11:01 am

2 Answers from Attorneys

Bryan C. Becker Your Lawyer for Life.
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While more facts would certainly be needed, it appears on the face of your question that yes, you would have a potential case for, among other claims, misappropriation of trade secrets. But, more facts would be needed before advising fully. Feel free to email or call me if you would like a free consultation.

All the best,

Bryan

Bryan Becker

Your Lawyer for Life

www.becker-attorneys.com

877.201.8728

bcb@bbeckerlaw.com

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1/06/10, 3:12 pm
Cathy Cowin Law Offices of Cathy Cowin
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You say you "released" the technology "to the public"? If you made your information public, it cannot be a trade secret and so there is no misappropriation. Further, if the other company reverse engineered technology legitimately, there is probably no recourse. On the other hand, if the other company developed similar/same technology that was NOT public through hiring your prior employees or otherwise, you likely have a claim(s), e.g. unfair competition, misappropriation of trade secrets, etc.. Your post does not contain sufficient facts to make a determination whether you may have a legal claim. At first blush, you probably do not; however, you should speak to an attorney to obtain a more accurate evaluation based on a better understanding of precisely what happened.

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1/06/10, 7:53 pm

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