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CA : statute of limitations began to run when owner had reason to suspect that buyer knew or should know that software contained trade secrets

Background: Owner of trade secrets brought trade secret misappropriation action
against buyer of its competitor's software. The Superior Court, Santa Clara County, No. CV019992, Marc B. Poche, J., granted owner's motion in limine to
exclude evidence relating to statute of limitations. Buyer petitioned for writ of
mandate.

Holdings: The Court of Appeal, Premo, Acting P.J., held that:

(1) statute of limitations began to run when owner had reason to suspect that
buyer knew or should know that software contained trade secrets, and

(2) a plaintiff's failure to discover defendant's identity does not postpone
accrual of cause of action.

77 Cal.Rptr.3d 685, 08 Cal. Daily Op. Serv. 6671

Court of Appeal, Sixth District, California.

CYPRESS SEMICONDUCTOR CORPORATION, Petitioner,

v.

SUPERIOR COURT of Santa Clara County, Respondent,

Silvaco Data Systems, Real Party in Interest.

No. H032114.

May 30, 2008.

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