Oct. 9, 2024
Why clean rooms are important for trade secret protection
See more on Why clean rooms are important for trade secret protectionIn trade secret litigation, defendants often face challenges proving non-misappropriation. A clean room approach helps demonstrate independent development by isolating the development environment from any third-party information.
Jeremy T. Elman
Partner
Duane Morris LLP & Affiliates
Intellectual property and technology-related commercial disputes.
Phone: (650) 847-4162
Email: jelman@duanemorris.com
It is "hard to prove a negative." It is no different in trade secret litigation. Typically, a defendant claims that the absence of misappropriated information must be inferred by a fact-finder because the information is not in the defendant's possession, custody or control. They cannot produce what they did not take. This is one of the major difficulties in defending a trade secret case.
One of the best ways that a defendant can "prove a negative" is by usin...
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