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How Trade Secret Lawsuits Fail

Advice from the Trade Secrets Office

These six conjoint requirements on plaintiff naturally form the six areas of attack by defendant. Failure on any of these six proofs will result in a finding against plaintiff. Defendant's case will be structured along these lines:

1 - The information doesn't qualify as a trade secret, and even if it did
2 – Plaintiff had no ownership rights in the information, and even if he did
3 - We had no access to the information, and even if we did
4 - We were not aware that the information was a trade secret, and even if we were
5 - We made no use of the trade secret information anyway, and even if we did
6 - There is no remedy within the power of the court to apply.

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