Dentons

Firm overview:

Full-service firm Dentons runs a thriving global trades secrets practice that is equipped to handle high-stakes, ‘bet-the-company’ cases around the world, with a network of experienced attorneys collaborating frequently on international matters. Enforcement of clients’ rights through civil litigation is bolstered by regular cooperation with prosecution services.

The firm has a track record of success in securing temporary restraining orders, preliminary injunctions, and favourable outcomes for clients at trials and arbitration hearings. Clients benefit from specialised trade secrets litigation teams that bring together in-house technical experts, forensic investigators and e-discovery professionals.

Dentons advises on establishing effective trade secret protection systems that include updating standard agreements, checking and improving internal processes to comply with legal requirements, and providing internal training, among other measures. Its experienced bench also provides regular thought leadership, publishing updates and commentary on hot topics and legal trends related to trade secrets.

Team overview:

Key team members include Berlin partner Stefan Dittmer, head of the IP, Data & Technology Group in Germany, who has advised clients on all aspects of IP law. Dittmer is a member of the International Chamber of Commerce’s (ICC) Commission on Intellectual Property where he co-headed the Task Force on Trade Secrets Legislation, and has facilitated Dentons’ global Trade Secrets Working Group since 2021.

In Frankfurt, Constantin Rehaag co-heads the IP, Data & Technology Group in Europe and has more than 15 years’ experience in IP, unfair competition and trade secrets law. Rehaag works closely with government agencies, authorities and IP policymakers to identify and address key IP issues facing the international business community, and has authored a number of books and articles that deal with the protection and the enforcement of trade secrets.

Key matters:

• Applied Predictive Technologies: Patent infringement and trade secrets suit

Dentons is representing Mastercard subsidiary Applied Predictive Technologies (APT) as a plaintiff in a patent infringement and trade secret misappropriation suit against a competitor. The case involves the defendants’ misappropriation of trade secrets essential to APT’s core technology, the Test & Learn software system. Dentons led motion briefing relating to the trade secret misappropriation aspect of the case that resulted in the court allowing the case to proceed against the competitor.

Dentons’ team: Kirk Ruthenberg (partner, Washington, DC), Nicholas Jackson (partner, Washington DC), Blake Osborn (partner, Los Angeles), Spencer Hamilton (partner, Dallas), Megan Carroll (senior managing associate, Kansas City).

• Planqc: Legal protection and licensing of trade secrets in quantum computing

The team provides comprehensive legal support to planqc, a pioneering deep-tech company spun out of the Max Planck Institute of Quantum Optics and Ludwig Maximilian University of Munich. Planqc is at the forefront of quantum computing, developing advanced quantum computers that store quantum information in individual atoms—so-called qubits—arranged in highly scalable arrays and manipulated with precisely controlled laser pulses.

Dentons’ team is entrusted with ensuring the robust legal protection of planqc’s proprietary information and know-how, as well as drafting and negotiating contracts that focus specifically on the protection and licensing of trade secrets. This includes the development of tailored agreements that address the unique challenges of safeguarding and commercialising quantum technology in a highly competitive and rapidly evolving field.

The team also provides ongoing strategic counsel to the client, supporting the company in all legal matters related to the management, protection, and licensing of its IP.

Led by Constantin Rehaag (partner, Frankfurt), the team includes Carsten Goldstein (senior associate, Frankfurt) and Adela Kujovic (associate, Frankfurt).

• König & Bauer: Strategic advice regarding departure of key employee

The team advised a longstanding client, König & Bauer, the world’s oldest manufacturer of printing presses and the world leader in banknote printing, in a particularly sensitive matter involving the imminent departure of a key employee. Given the restrictions imposed by German law regarding post-employment non-compete clauses, the client sought guidance on how best to safeguard vital business secrets under these constraints.

Dentons conducted a detailed analysis of the departing employee’s role, access to sensitive information, and the potential impact of their departure on the client’s competitive position. This allowed for the identification of the most critical business secrets requiring protection. The team also drafted customised confidentiality provisions, implemented alternative strategies where non-compete clauses were not viable, and thoroughly documented all steps taken to provide evidence of the client’s proactive approach.

Dentons’ team: Constantin Rehaag (partner, Frankfurt), Carsten Goldstein (senior associate, Frankfurt); and Adela Kujovic (associate, Frankfurt).

Clients:

CM Blue, Bluesafety, Fluorchemie Stulln, KL Discovery, König & Bauer, LG Chem/ LG Energy Solution, Mobility Trader Holding, P.E.T.T., Ringspann, Roche Pharma, RoX, Spaleck Oberflächentechnik