Focus (Forum & Focus)
Apr. 9, 2008
Tricks of the Trade
Focus Column - By Michael I. Katz and Adrianne Marshack - When one party accuses another of misappropriating trade secrets, the burden of persuasion rests with the plaintiff.
FOCUS COLUMN
By Michael I. Katz and Adrianne Marshack
This article appears on Page 7
One party accuses another of misappropriating its trade secrets. The accused company responds that it developed the idea on its own. Whom to believe? The question to be decided is whether the defendant's discovery of the trade secret was, in fact, "independent." The so-called "independent development" defense is not an...
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