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Trade Secrets, Computer Fraud And The Federal Forum

By Catherine Fredenburgh (June 8, 2006, 12:00 AM EDT) -- When the holder of a patent, copyright or trademark has his intellectual property infringed, he ordinarily has recourse to a federal forum because infringement of these types of intellectual property raises a federal question. Trade secret protection, on the other hand, is most often provided by state or common law—often the state's implementation of the Uniform Trade Secrets Act ("USTA"). Thus, the owner of a trade secret who believes that it has been misappropriated does not automatically have recourse to a federal forum. He must either qualify for diversity jurisdiction, or bring the trade secret claim as a supplemental claim to a federal question....

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