Why you better get your trade secrets disclosure right the first time

We’ve previously covered the Swarmify case up in the Northern District of California.  

Now our friends at Orrick come in hot with an update.

Basically, Swarmify tried to amend its trade secret disclosure. The court recognized that it had the authority to strike the amended disclosure or to grant summary judgment.

But the court decided it would allow the amended disclosure if Swarmify agreed to:

(1) pay Cloudfare's legal fees for defending against Swarmify's earlier motion for preliminary injunction;

(2) give Cloudflare more discovery;

(3) not further amend its disclosure; and

(4)  allow Cloudflare to reference the original disclosure to the jury and show the jury the shifting nature of Swarmify’s case.