Adam Powell

With a degree in chemical engineering and a deep understanding of technology, Adam Powell is sought after to address technically intricate issues and safeguard innovations for renowned companies like Masimo Corporation.

One such case involves Powell representing two related companies, Masimo and Cercacor Laboratories, against Apple in various forums. Powell serves as co-lead counsel in a trade secret case in the Central District of California, where two companies are seeking approximately $2 billion in unjust enrichment. Masimo Corp. et al. v. Apple, Inc ., 8:20-00048 (C.D. Cal, filed Jan. 9, 2020).

The allegations include Apple's acquisition of trade secrets from former employees of both Masimo and Cercacor. Powell played a pivotal role in the recent jury trial in April 2023, and despite a hung jury, the case will be retried.

In a related proceeding, an administrative law judge at the International Trade Commission found that Apple infringed Masimo's patents and recommended an order barring certain Apple Watch products from import or sale. This case is particularly significant because it involves a complex interplay between trade secrets and patents. Powell's team had to grapple with the challenge of protecting trade secrets when a former employee attempted to patent them at a new company. They successfully obtained a preliminary injunction preventing the publication of the patents and secured a final judgment requiring the defendant to abandon the patent applications.

In the trade secrets field, Powell and his team faced challenges such as not always knowing the full extent of what was stolen until after the case had begun. However, they overcame this by remaining flexible and adapting their strategy as new evidence came to light. Another challenge was dealing with cases without computer forensic evidence. "Many trade secret cases involve forensic evidence showing the precise second that each document was copied, disclosed and used," Powell said. "But such evidence is not always available. Where such evidence is unavailable, we have had great success by presenting a compelling story that leads to a logical conclusion."

Regarding trends in the trade secrets field: "Trade secret theft is on the rise," Powell said. "Employees change jobs rapidly and many believe the fruits of their labor are theirs to keep no matter where they work. Some employees openly flaunt their unique knowledge from a former employer, while others clandestinely rely on a former employer's trade secrets to build their stature at a new company."

"As trade secret theft becomes more common and harder to detect, companies need to be more proactive about protecting their own trade secrets and ensuring they do not inadvertently use the trade secrets of others," he continued. "There are a variety of technical and nontechnical measures that companies can and should be utilizing to protect themselves. While trade secret cases are very exciting, it is always better to prevent misuse in the first place."

Powell holds leadership roles in organizations like the San Diego Intellectual Property Law Association and the San Diego Chapter of the Association of Business and Trial Lawyers.