3rd Circ. Doubts Baking Co. Formulas Are Trade Secrets

Law360 (April 16, 2021, 3:56 PM EDT) -- The Third Circuit on Friday appeared skeptical that information possessed by two baking equipment company employees who defected for a competitor amounts to trade secrets, given that the appeals judges couldn't find the purportedly proprietary information in the case's record.

During an oral argument, a three-judge panel questioned a western Pennsylvania federal judge's finding that former Mallet & Co. Inc. employees shared protected formulas when they left Mallet to work for Synova LLC. The appeals court pressed a Mallet attorney to debunk Synova's contention that the information at issue was "generally available" in the industry.

U.S. Circuit Judge Joseph A. Greenaway...

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