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The plaintiff in a trade-secret case lawsuit must prove three facts: (1) it has some valuable business information that it has kept secret; (2) the information is not generally known; and (3) the defendant has used that secret. A defendant may attack each showing, but some attacks are better than others. Defending Trade-Secret Misappropriation Allegations | Articles finnegan.com ? insights ? defending-trade-s... finnegan.com ? insights ? defending-trade-s...
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.
Breaches of non-disclosure agreements, industrial espionage, theft, fraud, and bribery are all improper means of acquiring a trade secret. For example, if you hack into a company's computer and copy the files, this act of acquiring the secrets improperly is misappropriation. Trade Secret Infringement & Potential Legal Defenses - Justia justia.com ? intellectual-property ? infringe... justia.com ? intellectual-property ? infringe...
Employees can be required to sign agreements that protect trade secrets. In particular, when contractors or employees leave, it is important to make sure that they will not compete with the business after they leave, in addition to signing a confidentiality agreement. Frequently Asked Questions on Trade Secrets - WIPO wipo.int ? tradesecrets ? tradesecrets_faqs wipo.int ? tradesecrets ? tradesecrets_faqs
Where the trade secret is ?willfully and maliciously misappropriated,? a court may award exemplary damages double the damages amount already awarded.
Damages Under the California Uniform Trade Secrets Act and the Federal Trade Secrets Act. Both the DTSA and CUSTA provide for three types of damages: actual loss, unjust enrichment, and a reasonable royalty. The statutes are subtly different in how a plaintiff can recover these damages.
Punitive damages of up to twice the amount of actual loss may be available if the trade secret was willfully and maliciously appropriated. The decision of whether to seek enforcement of your trade secret rights in federal or state court depends on a number of factors. How Do I Enforce My Trade Secrets, and What Monetary Damages Can I ... mololamken.com ? knowledge-how-do-i-en... mololamken.com ? knowledge-how-do-i-en...
Remedies that may be available Damages for the actual loss. Damages for unjust enrichment. Exemplary damages in cases of willful or malicious misappropriation. Attorney's fees for the prevailing party. Protective orders to preserve secrecy.