Lessons On Trade Secret Claims From Possessor, Not Owner

Law360 (May 21, 2020, 5:25 PM EDT) -- It is not often that a federal appeals court issues a decision on trade secrets, much less one involving the review of a bench trial that drew legal conclusions on the scope of trade secret law and the propriety of compensatory and punitive damages.

But on April 30, in Advanced Fluid Systems Inc. v. Huber,[1] the U.S. Court of Appeals for the Third Circuit did just that when it affirmed a Pennsylvania federal court's ruling that (1) lawful possession, as opposed to traditional ownership, of a trade secret is sufficient to maintain a trade secret misappropriation claim and (2) awarded $3.1...

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