Injunctive Relief For Trade Secret Misappropriation In King
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FAQ
The typical remedy for trade secret misappropriation is an injunction. The court will order the wrongdoer to cease use, disclosure, or publication of the secret information.
Trade secret misappropriation occurs when a trade secret has been wrongfully taken or disclosed without consent. A trade secret is defined as information (1) that derives independent economic value from not being generally known, and (2) which has been the subject of reasonable efforts to be kept a secret.
If disclosure of the misappropriated trade secret has been made, or is likely to happen, the trade secret holder needs to take immediate action to prevent further disclosure to other parties. Once the trade secret is generally known to others in the relevant industry/service, its value to the holder will be lost.
Breaking into a competitor's plant or bribing employees would be obvious violations. Likewise, breaching a confidentiality agreement or inducing a former employee to breach a confidentiality agreement could be violations.
Courts, cognizant of the difficulties inherent in measuring the value of trade secrets, typically permit plaintiffs to claim damages for their misappropriation in a variety of forms. Most commonly, a plaintiff will seek damages in the form of either its lost profits or the defendant's unjust enrichment.
Misappropriation of a trade secret can happen through a breach of nondisclosure agreements, publication, theft, fraud, or bribery. There are a number of defenses to trade secret misappropriation. An alleged wrongdoer might argue that it independently developed the trade secret.
Trade secret protection covers confidential information, which can include technical and scientific data, business and commercial information, and financial records. Even “negative” information, like failed experiments, can be valuable by helping companies avoid repeating costly mistakes.
Liability can arise when one party unlawfully acquires, uses, or discloses another party's trade secrets, resulting in harm or damages. There are no express criminal remedies available for misappropriation of a trade secret.
Trade Secret Affirmative Defenses Affirmative defenses are often used in court when a defendant can provide evidence negating liability. This is even the case if all claims from the complaint are proven true.
A court may grant an injunction to prevent any actual or threatened misappropriation, provided that the injunction does not “prevent a person from entering into an employment relationship,” and that any conditions placed on employment are based on “evidence of threatened misappropriation and not merely on the ...
