Evan Talley Trade secrets litigation isn’t discussed as often as patent, trademark, and copyright litigation, but it is important to stay abreast of, nevertheless. At the moment, unlike the other three areas mentioned above, there is no federal statutory scheme for trade secrets. However, 48 states (all but New York and Massachusetts) and the District of Columbia have adopted a version of the Uniform Trade Secrets Act (the “Act”).There are some minor differences among the various states’ versions of the Act, but the basic definition of “trade secret” is “information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or…
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