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The Ninth Circuit's decision in Comet Technologies USA, Inc. v. XP Power, LLC reversed a $40 million verdict and established critical precedent regarding burden of proof requirements in trade secret cases under the Defend Trade Secrets Act. This episode examines how the appellate court's ruling reshapes expectations for proving trade secret misappropriation and highlights the risks of improper jury instructions when claims are dismissed during trial.
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You are invited to listen to Episode 94 of Greenberg Traurig’s Trade Secret Law Evolution Podcast, “The Ninth Circuit Reverses a Massive Verdict and Clarifies the Burden of Proof.”
In this episode, Jordan Grotzinger and Greg Bombard unpack the case of Comet Technologies USA, Inc. v. XP Power, LLC, in which the Ninth Circuit reversed a $40 million verdict, clarified the burden of proof in DTSA cases, and provided a cautionary tale about jury instructions when claims are dismissed mid-trial.
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