Pitching Signs as Trade Secrets? Let’s Play Ball!
Bolsinger Files Lawsuit Against Astros Claiming His Pitching Signals as Trade Secrets Were Misappropriated
Former Major League Baseball pitcher and McKinney, Texas native Michael Bolsinger has been making waves in legal news as he filed an intellectual property lawsuit against the Houston Astros for trade secret misappropriation.
Bolsinger Files Lawsuit – Claims Pitching Signals as Trade Secrets Were Stolen
Bolsinger had previously filed suit in California for unfair business practices but had those claims dismissed for lack of jurisdiction. Now, Bolsinger has filed claims in Harris County District Court against the Houston Astros over allegations that they stole his pitching signs.
Bolsinger is best known for his stints as a Los Angeles Dodgers and Toronto Blue Jays pitcher. At the heart of the lawsuit is the August 4, 2017 game where Bolsinger pitched against, and ultimately loss to, the Houston Astros. Savvy baseball fans may recognize this date as the game where the Houston Astros defeated the Los Angeles Dodgers in the World Series. And while some may call Bolsinger’s lawsuit sour grapes, others see it as a potential form of redress because the Houston Astros were later outed for allegedly stealing the pitching signals of other Major League Baseball teams during both the 2017 and 2018 seasons. In a story broken by the press, it came to light that the Houston Astros had recorded the pitching signals of other teams by placing a camera in the center of the field. After the games, Houston Astros personnel would sift through the footage and decode the signals used by rival teams.
While the scandal has died down a bit as we are halfway through 2021, Bolsinger never forgot the game claiming that the 2017 loss ultimately ended his Major League career indicating that the four homeruns he gave up to the Astros in that 2017 game were the main reasons he was sent back to the minor leagues.
Claiming Pitching Signals as Trade Secrets – Do They Qualify as “Secret”?
Bolsinger filed claims under the Texas Uniform Trade Secrets Act, which raise unique questions about whether pitching signals can qualify as trade secrets. Traditionally, trade secrets are only known to the company that owns it. Here, arguably, there are already issues about whether the signals would have belonged to the Los Angeles Dodgers or Bolsinger himself. Similarly, it is a question whether the signals would be considered “secret” as they were broadcast frequently to an audience of not only a rival team, but to millions of viewers as well. Either way, it will be interesting to see how the courts handle it and whether they decide to take Bolsinger’s pitch and play ball.
Key Takeaways Regarding Bolsinger’s Lawsuit Claiming His Pitching Signals as Trade Secrets
Texas native and former MLB pitcher Michael Bolsinger filed a Texas trade secrets lawsuit against the Houston Astros claiming theft of his pitching signals. Bolsinger’s lawsuit raises interesting questions about:
whether pitching signals qualify as trade secrets;
whether a team can be punished for the unauthorized use/theft of another team’s signals; and
whether a court can hand out punishment that is generally kept within the sports’ governing leagues.
For more information on trade secrets, see our Technology & Data and Industry Focused Legal Solutions pages.