(b) "Misappropriation" means either of the following: (i) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means.
Defenses to a Misappropriation Lawsuit You will need to use your own files and records to prove that you completed development before any dates on which the alleged misappropriation occurred. Related, but less strong, is a defense of reverse engineering.
One way of showing misappropriation is by showing that an acquirer knew or had reason to know that the trade secret was acquired by improper means but the trade secret is acquired or retained. Disclosure or Use of Trade Secret as Misuse.
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 ...
Under TUTSA and DTSA, a plaintiff who successfully proves trade secret misappropriation can obtain several types of remedies, including injunctive relief, monetary damages, and, in certain cases, punitive damages.
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 ...
This doctrine holds that a third party is liable when the third party acquires a trade secret from another and then discloses or uses the secret under circumstances where he knows or should have known that the trade secret was wrongfully acquired.