Trade Secret Misappropriation: Third Circuit holds that appellate courts lack jurisdiction to review denial of a DTSA ex parte seizure application.

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    • Abstract:
      The article focuses on the Third Circuit's dismissal of an appeal regarding the denial of a pharmaceutical manufacturer's application for ex parte seizure under the Defend Trade Secrets Act (DTSA). Topics include the court's determination of lacking jurisdiction due to the non-injunctive nature of the district court's order, the analysis based on the functional test, and the distinction from precedent involving ex parte seizure orders under the Lanham Act.