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A Question Of Use: Recent US Trade Secret Case May Flip The Script

Member Brad Scheller spoke with IAM discussing how a recent trade secret dispute has led to a Texas judge’s decision that, under the Defend Trade Secrets Act (DTSA), there is no cause for action where there has been no “use” of allegedly stolen information, sparking debate in the IP industry. 

Brad said, “Judge Jordan’s recent opinion in the Providence case strictly requiring a showing of “use” would certainly seem inconsistent with the broader definition of “misappropriation” in the DTSA and would seem to ignore that all the DTSA requires is a showing of improper acquisition or disclosure.”