Trade Secrets protect information: 1) that a business has taken reasonable measures to keep secret; and 2) that derives real or potential independent economic value from not being generally known or ascertainable. Under the Defend Trade Secrets Act, 18 U.S.C. § 1836(b), misappropriation of a trade secret occurs when a person acquires the trade secret [...]
The proliferation of distributed computing devices, networked computing, and machine learning is rapidly changing the way we live, work, and play. Recently, the convergence of these trends is being called the Fourth Industrial Revolution, Industry 4.0, or simply I4. These blanket terms encompass a wide range of developments, including the increasing refinement, deployment, and integration [...]
The Defend Trade Secrets Act (DTSA) of 2016 created a federal cause of action for trade secret misappropriation with the goal of allowing companies to protect their trade secrets across the US in Federal Courts. Because a trade secret under the DTSA is broadly defined to include all forms and types of financial, business, scientific, [...]
Often multiple types of intellectual property cover a product. For example, trademarks, trade secrets, and patents may all cover different aspects of the same product. The overlapping coverage can result in multiple different claims of infringement resulting for one sale of a covered product. The question then becomes, “can the rights owner recover for each [...]
