Federal Trade Secret Identification Requirement Seems Likely

Law360 (December 10, 2020, 2:56 PM EST) -- Trade secret cases pose two unique problems in intellectual property litigation. First, whereas legal protection for patents, copyrights and trademarks is triggered by disclosure — that is, registration or publication — legal protection for trade secrets depends on secrecy. Litigating a secret in a procedural system that grants parties extensive discovery rights, while maintaining the secrecy that compels its protection, is a major challenge.

Plaintiffs often seek to cloak their trade secrets with vague descriptions, whether to maintain the secrecy of a bona fide trade secret, hide the fact that one might be lacking, or just maintain strategic flexibility in the...

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