Jonathan A. Patchen

Within the trade secrets realm, Jonathan Patchen provides counsel to prominent companies across various industries, including consumer brands, bioscience, technology and financial services, in navigating a wide range of technology-related disputes.

In one matter, Patchen led the representation of Lior Ron, co-founder of the self-driving truck company Otto, which was acquired by Uber. Waymo v. Uber, 17-cv-00939 (N.D. Cal, filed Feb. 23, 2017). The case was a fiercely contested trade secret dispute. This lawsuit exemplifies the convergence of trade secrets with employee mobility issues, as employee mobility generates trade secret disputes, particularly in the context of California's strong public policy in favor of employee mobility.

One of the central challenges in trade secret cases is defining what constitutes a trade secret, as it encompasses a broad spectrum of information that meets specific criteria, Patchen said. This challenge extends to both plaintiffs and defendants, as they must determine the metes and bounds of a trade secret, making trade secret cases fundamentally distinct from patent actions, he continued. Furthermore, an emerging challenge is the diversion of employee mobility cases into arbitration, leading to potential setbacks in the development of common law in this area.

Noteworthy trends in the trade secrets field that Patchen spoke about included employee mobility. "With the pressure on non-competes/non-solicits coming from all directions (the FTC, state legislatures, antitrust laws), employee mobility across the country is likely to start looking more and more like California. The law in many jurisdictions will need to catch up," he said. Additionally, as non-competes become less effective for trade secret protection, the role of confidentiality agreements in safeguarding trade secrets is set to increase. This will lead to discussions regarding the interaction of contract-based claims and trade secret claims, including issues related to proof, remedies, and preemption.

In a separate matter, Patchen plays a significant role in representing Dairy, LLC in a fiercely contested trade secret dispute against Milk Moovement, a Canadian agri- tech startup. Dairy LLC v. Milk Moovement, Inc., 2:21-cv-02233 (E.D. Cal., filed Dec. 2, 2021). Dairy, LLC alleges that one of its customers shared confidential documents regarding Dairy, LLC's supply chain software with Milk Moovement, compromising valuable trade secrets belonging to Dairy, LLC.

Beyond his legal practice, Patchen is actively involved in various professional associations and community efforts. He co-chairs the media and First Amendment practice group and is a member of the technology committee and conflicts and ethics committee at Willkie Farr & Gallagher. He also serves on the board of governors for the Association of Business Trial Lawyers, Northern California Chapter, providing a forum for litigators and judges to address issues relevant to business trial lawyers.