A $116.9m jury verdict is a reminder that your NDA only matters if you can show what you shared
On 2 October, a Florida jury handed down a $116.9 million verdict against Joby Aviation for breaching a non-disclosure agreement (NDA) with its supplier, Aerosonic. The jury found Joby wilfully misused Aerosonic’s trade secrets, including engineering drawings, test reports, 3D models, and wind-tunnel data. Joby’s eight defences and counterclaims were all rejected. Joby says it will appeal.
This case is a sharp reminder for tech businesses and SMEs: an NDA alone won’t protect your secrets unless you can clearly show what you shared. Aerosonic won because it could point to 50 specific trade secrets and 50 items of proprietary information, and prove exactly what it had handed over.
Most SMEs I work with can’t do that. Their NDAs are boilerplate, the record of disclosures is scattered across inboxes, and nobody has listed the company’s actual trade secrets. That’s a risky place to be.
Why proving what you shared matters more than the NDA itself
NDAs are a staple in supplier and partner relationships. They set the rules for confidentiality and use of shared information. But an NDA is just a contract. If you can’t prove what you disclosed under that contract, it’s hard to enforce.
In the Joby vs Aerosonic case, Aerosonic’s win came down to solid evidence. They had a clear list of trade secrets and proprietary info. They could show exactly what was shared and when. That made their claim bulletproof.
If you rely on a generic NDA without a clear record of what you shared, you’re playing a dangerous game. If a dispute arises, you might struggle to prove your case.
Engineering drawings and 3D models are examples of trade secrets that need clear documentation.
What most SMEs get wrong about NDAs and trade secrets
From my experience auditing SMEs, here are common pitfalls:
Boilerplate NDAs: Many use standard templates without tailoring them to their specific business or trade secrets.
Scattered records: Disclosures happen over emails, chats, and meetings, but no one keeps a central, organised record.
No trade secret list: Companies often don’t formally identify or document their trade secrets and proprietary information.
No IP audit: Without an IP audit, businesses don’t know what they own or how to protect it.
This lack of clarity means if a supplier or partner misuses information, the business may have no proof of ownership or what was shared.
How an IP audit can save your business
An IP audit is more than counting patents. It’s a deep dive into your know-how, trade secrets, and confidential info. It helps you:
Identify your key trade secrets and proprietary information.
Create a clear record of what you own.
Track what you share with suppliers and partners.
Tailor NDAs and contracts to protect your assets.
Prepare for disputes by having evidence ready.
If a key supplier walked away tomorrow, could you list what they know about your business? If not, an IP audit is your next level-up move.
Using tools to manage your IP and NDAs
Managing trade secrets and NDAs can get messy fast. That’s where specialised tools come in handy. For example, IPfolio is a cloud-based IP management software that helps businesses track patents, trade secrets, and contracts in one place. It makes audits easier and keeps your IP portfolio organised.
Another option is Docketwise, which streamlines IP case management and document tracking. It’s useful for keeping NDAs and disclosures in order, so you can quickly prove what was shared.
Both tools help you avoid the chaos of scattered emails and forgotten agreements. They give you a clear, searchable record — exactly what Aerosonic had to win their case.
You can learn more about these tools here:
IP management software helps keep track of trade secrets and NDAs in one place.
Practical steps to protect your trade secrets today
You don’t need a $116.9 million verdict to realise the value of clear IP management. Here’s what you can do now:
List your trade secrets: Sit down with your team and identify what information is critical and confidential.
Document disclosures: Keep a central log of what you share, with whom, and under what terms.
Tailor your NDAs: Use NDAs that specifically mention your trade secrets and proprietary info.
Conduct regular IP audits: Review your IP assets and disclosures at least once a year.
Train your team: Make sure everyone understands what counts as a trade secret and how to protect it.
Use IP management tools: Consider software to keep everything organised and accessible.
What to do if you suspect a breach
If you think a supplier or partner is misusing your trade secrets:
Act quickly to gather evidence.
Review your NDA and contracts.
Conduct an IP audit to clarify what was shared.
Seek legal advice to understand your options.
Remember, without clear proof of what you shared, your case will be weak. That’s why preparation is key.
Reviewing and organising IP documents helps prepare for potential disputes.
Wrapping up
The Joby Aviation verdict is a wake-up call. NDAs alone won’t protect your trade secrets unless you can show exactly what you shared. Most SMEs don’t have that clarity, putting their valuable know-how at risk.
An IP audit is your power-up. It helps you identify, document, and protect your trade secrets. Using IP management tools can keep your records sharp and ready.
If you want to level up your IP protection, start by listing your trade secrets and tracking disclosures. That way, if a supplier walks away tomorrow, you’ll know exactly what they took — and you’ll be ready to defend your business.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. For specific IP concerns, consult a qualified IP professional.
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