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Quick Trade Secret Wins Are Tough, Ninth Circuit Ruling Shows

Oct. 16, 2020, 9:51 PM

While defendants are right to fight vague trade secrets allegations, the bar is high to secure a super-quick escape, a new Ninth Circuit ruling suggests.

InteliClear LLC identified trade secrets allegedly stolen by ETC Global Holdings Inc. with enough detail to avoid summary judgment before discovery, the U.S. Court of Appeals for the Ninth Circuit ruled Thursday.

Unlike other forms of intellectual property, trade secrets are rarely clearly defined anywhere before a lawsuit begins, making it critical for counsel for defendants to know what exactly was allegedly stolen. But at such an early stage in the litigation, even overbroad or...

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