Trade Secrets

Question 1

USTA Definition of Trade Secrets (2)

Answer 1

1. derives value from not being generally known or ascertainable
2. is the subject of reasonable efforts under the circumstances to maintain secrecy

Question 2

Restatement factors for determining the existence of a trade secret (6)

Answer 2

1. extent the information is known outside of P’s business
2. extent info is known by employees
3. extent of measures taken to preserve secrecy
4. value of p’s info to p and competitors
5. amount of effort/cost in developing info
6. ease/difficulty of duplicating or properly aquiring

Question 3

ways to destroy trade secrets (5)

Answer 3

1. voluntary disclosure
2. distribution of product - reverse engineering
3. public disclosure by a third party
4. inadvertent/accidental disclosure
5. govt compelled disclosure

Question 4

types of misappropriation (3)

Answer 4

1. acquisition by improper means
2. disclosure
3. use if initially acquired by improper means or breach of confidential relationship

Question 5

Elements for preliminary injunction (Winter) (4)

Answer 5

1. likelihood of success on merits
2. likelihood of irreparable harm without injunction
3. impact/harm from injunction on nonmoving party and/or other persons
4. public interest

Question 6

analysis for ts claim (3)

Answer 6

1. does the information qualify as a trade secret
2. was there misappropriation
3. what remedies are available