4 Milgrim on Trade Secrets § 15.01


Summary

  • [1] Plaintiff’s1Link to the text of the note Burden of Proof

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    To prevail in a trade secret litigation, the claimant must establish that it is the owner (or at least the exclusive licensee) of matter that qualifies as a trade secret, that that information has been received by the other party in a protected relationship (such as one with a contractual duty not to use or disclose or in a relationship that the law regards as a confidential one, such as employer-employee) or was taken in an unlawful manner and that the other party has used or is about to use the information to plaintiff’s detriment.2Link to the text of the note

    Proof that matter is a trade secret and the nature and quantum of detriment can be provided by qualified interested persons and independent outside experts. Usually the...