Minnesota Complaint in Federal Court for Wrongful Disclosure and Use of Trade Secrets For Damages and Injunctive Relief
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FAQ
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.
Under the Minnesota Uniform Trade Secrets Act, persons (including corporations or other legal entities) are prohibited from misappropriating trade secrets that belong to another. In simple terms, ?misappropriation? means the improper acquisition, disclosure, or use of a trade secret.
A ?Trade Secret,? as defined under Minnesota's Uniform Trade Secrets Act (Minn. Stat. §325C et seq.) is any information that ?derives economic value,? including potential value, from the fact that it is not generally known, and that the company or person has taken reasonable efforts to keep secret.
Trade secrets are protected by a combination of state and federal laws, which prescribe a combination of civil and criminal penalties for trade secret ?misappropriation??the improper acquisition, disclosure, or use of a trade secret.
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.
Misappropriation occurs when a trade secret is improperly acquired or disclosed. If a person or entity discloses or publishes a trade secret while knowing it was improperly obtained, or by inducing someone to improperly obtain it, misappropriation exists.
Misappropriation of a trade secret includes industrial or commercial espionage, breach of contract and breach of confidence, electronic surveillance, trespass, bribery, and fraud. It does not include "reverse engineering", where a company purchases a product and finds out how it works by laboratory analysis.
Use of a trade secret belonging to another does not always constitute misappropriation. There are two basic situations in which obtaining the use of a trade secret is illegal; where it is acquired through improper means, or where it involves a breach of confidence.