Trade Secret Litigation

A company harmed by trade secret theft can initiate a civil action for damages in court. An action is commenced by the filing of a complaint describing the defendant's wrongful conduct. The action should be commenced as soon as possible after the theft is discovered. Failure to act promptly not only weighs against the ability to obtain an injunction but suggests that the information is not sufficiently valuable to its owner to be protected aggressively. The defendant typically asserts some or all of the following defenses:

  • The defendant did not do the acts complained of.

  • The defendant independently developed the information or product without any act of misappropriation.

  • The defendant innocently received the information ...

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