Monib Zirvi, et al. v. Jay T. Flatley, et al.

Did the Second Circuit err in holding, in contrast to the Federal Circuit, that under the “inquiry notice” standard applicable to trade secret misappropriation claims where plaintiff alleges that defendant fraudulently concealed the misappropriated intellectual property (IP), “storm warnings” triggered constructive notice on the part of the plaintiffs?

In a trade secret misappropriation case where plaintiff alleges with particularity that defendants fraudulently concealed the misappropriated IP in multiple patent applications, is dismissal with prejudice permissible at the pleading stage under Rule 12(b)(6)?

Did the Second Circuit err in summarily affirming the district court’s holding that intellectual property constituting “negative trade secrets” per se have no independent economic value once discoveries constituting related positive trade secrets are published?