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ViroLogic v. Doe

Virologic filed a lawsuit against Doe after he posted a series of critical messages in a chat room on Yahoo! dedicated to ViroLogic discussions. The operative complaint asserts that Doe's messages give the false impression that he is in possession of trade secrets. Virologic then issued a subpoena to Yahoo for Doe's identity. Doe filed (1) a motion to dismiss the lawsuit under California's anti-SLAPP statute because Doe engaged in constitutionally protected speech; (2) a demurrer to dismiss the lawsuit based on the fact that Virologic failed to allege the existence of a trade secret and failed to allege that Doe disclosed a trade secret; and (3) a motion to quash the subpoena because Virologic did not comply with Code of Civil Procedure 2019(d), which requires that a trade secret be identified with particularity before discovery can commence.

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