DEFENSES TO TRADE SECRET MISAPPROPRIATION CLAIM

A party defending against a trade secret misappropriation claim can argue that the technology or know-how in question does not constitute a trade secret, due to lack of at least one of the  requirements of secrecy, economic value or maintenance of the secrecy.

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In practice, courts recognize the economic value element quite broadly. Therefore, the defendant’s arguments usually focus more heavily on other element issues, such as, arguing for lack of secrecy or insufficient maintenance of trade secret.