WilmerHale

Firm overview:

WilmerHale is widely recognised for its ability to handle trade secrets disputes on a global scale, particularly those involving extreme financial exposure and urgent procedural demands. The firm regularly advises on matters where billions of dollars are at stake and is known for its capacity to act immediately when clients require emergency relief. Its teams are frequently engaged to manage pre-litigation crises, obtain or defend against temporary restraining orders and preliminary injunctions, and stabilise situations at the earliest stages of contentious proceedings.

The firm has achieved a number of standout results in high-profile trade secrets litigation. These include successfully defending Apple in a multi-billion-dollar trade secret trial, securing dismissal of extensive misappropriation claims brought against aluminium producer Novelis, claims that initially spanned hundreds of alleged trade secrets, and prevailing for Loxo Oncology in a dispute connected to the development of innovative cancer therapies. These outcomes reflect WilmerHale’s ability to combine technical sophistication with disciplined trial strategy in cases involving complex technologies and commercially critical information.

Team overview:

WilmerHale’s trade secrets capability is anchored in a deeply integrated, cross-practice team of commercial and intellectual property litigators. Drawing on extensive experience across US state and federal courts, the group is structured to manage the full lifecycle of trade secrets disputes, from early-stage investigations through trial and appeal.

The practice is co-led by Joshua Lerner from the firm’s San Francisco office. Widely regarded as one of the leading trade secrets litigators in the US, Lerner has acted as lead counsel in several of the country’s most prominent and closely watched trade secrets cases, earning strong peer recognition for his courtroom effectiveness and strategic judgment.

Fellow co-chair of the trade secrets team Omar Khan, based in New York, has litigated numerous high-profile, bet-the-company IP matters. Khan has nearly two decades of courtroom experience, including jury and bench trials in district courts across the US, International Trade Commission proceedings, and cases in multiple courts of appeal.

Key matters:

• Masimo et al v Apple

WilmerHale represented Apple in the multi-billion-dollar and widely watched trial of Masimo v Apple. Apple was accused of wrongly acquiring alleged trade secrets from Masimo for pulse oximetry technology incorporated into the Apple Watch. The dispute was one of the highest-stakes trade secret cases ever in terms of the magnitude of the plaintiff’s demands.

At the conclusion of the evidence, Judge Selna granted judgment as a matter of law (JMOL) in Apple’s favour on about half the trade secret claims—eliminating claims for which Masimo sought over a billion dollars. The remaining claims went to the jury, and after extensive deliberations, the jury publicly reported that they were deadlocked—but with six jurors favoring Apple, and a single holdout in favour of Masimo. Judge Selna declared a mistrial on the remaining claims.

The net outcome was WilmerHale achieved one of the largest defendant decisions (the JMOL victory) in any trade secret case and came one juror from a clean sweep on all claims.

A trial on certain separate patent claims—which had been stayed for years—was held in November 2025 in California, resulting in a $634 million award for Masimo.

• Wilhoite et al v Hou et al

WilmerHale defended TuSimple in consolidated securities class actions alleging false statements, omissions, and violations under the Exchange Act and Securities Act. The team successfully moved to dismiss claims, opposed an injunction, and achieved a court-approved settlement through mediation.

In parallel, WilmerHale represents TuSimple in a derivative action stemming from allegations that certain current and former officers and directors breached their fiduciary duties by permitting or being otherwise liable for the misappropriation of TuSimple’s trade secrets, in violation of the Defend Trade Secrets Act and the California Uniform Trade Secrets Act.

WilmerHale filed a motion to dismiss these claims and opposed a temporary restraining order (TRO) sought by plaintiffs regarding the transfer of TuSimple’s intellectual property and expedited discovery. Although the court granted and repeatedly extended the TRO, WilmerHale appealed each extension to the Ninth Circuit and also opposed plaintiffs’ motion for a permanent injunction. The parties ultimately reached a mediated settlement, which the court approved on July 23, 2025. One defendant who objected to the settlement has appealed.

• Inner Circle Sports v Bluestone Equity Partners et al

WilmerHale achieved a significant victory for Bluestone Equity Partners and its founder when the SDNY granted Bluestone’s motion to dismiss an amended complaint, with prejudice. Inner Circle Sports (ICS), an investment bank in the sports and entertainment industry, alleged that a former employee and Bluestone misappropriated trade secrets, committed fraud, and breached various obligations when the individual joined Bluestone.

The original complaint focused on trade secrets in a Bluestone presentation. Bluestone moved to dismiss, and ICS responded with an amended complaint, adopting a new trade secrets theory. Bluestone highlighted ICS’s inconsistent allegations and public disclosure of the purported trade secrets. Judge Preska dismissed the amended complaint with prejudice, agreeing that the alleged trade secrets were publicly disclosed, and that ICS did not compete with Bluestone due to its FINRA registration. After moving for attorneys’ fees under the fee-shifting provision of the DTSA,  WilmerHale was able to secure a favourable settlement that covered a large percentage of those fees and other favourable terms.

Clients:

Apple, Bluestone Equity Partners, Roche Molecular Systems, TuSimple