Yang Wang of Panitch Schwarze Belisario & Nadel. Courtesy photo 'Insulet v. EOFlow': Revisiting Standard for Preliminary Injunctions in Trade Secret Misappropriation Cases
Trade secret cases present an intrinsic conflict between the open court principle and the confidential nature of trade secrets. Plaintiffs are often unwilling to identify and define their trade secrets with particularity, even under protective orders.
July 23, 2024 at 10:16 AM
4 minute read
Trade secret cases present an intrinsic conflict between the open court principle and the confidential nature of trade secrets. Plaintiffs are often unwilling to identify and define their trade secrets with particularity, even under protective orders. However, this strategy denies defendants fair knowledge of allegations against them. Courts should ensure that defendants have a fair opportunity to prepare a defense without unnecessary exposure of the alleged trade secrets.
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