Reverse Engineering and Trade Secret Misappropriation: Where Courts are Drawing the Line

Recent decisions show courts putting reverse engineering defences under the spotlight –
increasingly scrutinising how information is obtained, how AI tools are used, and whether access or contractual restrictions were breached. This session brings together a panel of in-house counsel, litigators, and technical experts to explore when reverse engineering defences are useful in practice, and what this means for enforcement and defence strategies.

When reverse engineering is treated as lawful versus when courts view it as a cover for misappropriation.
How courts assess claims of independent development and “clean room” processes in practice.
The growing importance of contractual restrictions, product terms, and access controls.
Lessons from recent disputes where reverse engineering arguments failed due to evidence of prior access or employee movement.
Practical steps companies are taking to protect against reverse engineering without over-claiming secrecy.

Speaker(s):

Author:

Clint Morrison

Partner

Patterson Belknap Webb & Tyler LLP

Clint Morrison is a Partner at Patterson Belknap, a New York-based firm that represents clients all over the country. A commercial litigator and trial lawyer, Mr. Morrison has extensive trial experience in federal and state courts throughout the country. He represents established Fortune 100 companies, high-tech startups, and clients in between those growth stages on their material commercial disputes and intellectual property matters. Mr. Morrison principally litigates cases involving trade secrets and intellectual property, contractual and business disputes, and advertising matters.

Mr. Morrison is ranked by Chambers USA in Litigation: General Commercial – New York and serves as Co-Chair of the Subcommittee on Liabilities and Remedies Related to the Use of Artificial Intelligence at the New York City Bar Association’s Presidential Task Force on Artificial Intelligence and Digital Technologies.

Mr. Morrison received his J.D., magna cum laude, from Harvard Law School and B.A., magna cum laude, Phi Beta Kappa, from Georgetown University.