This is an interesting case out of Pennsylvania, because the company possessing the trade secret did not own it. Yet, the court of appeals held that it still had standing to bring a lawsuit. Nothing in the Pennsylvania statute required “ownership” per se in order to sue for misappropriation of a trade secret.
In Advanced Fluid Systems Inc v. Huber, No. 19-1722 (3d Cir. 2020), there was another wrinkle. The company wasn’t using a nondisclosure agreement. However, the appeals court found other measures that protected the information. So, not having an NDA might not be fatal to a trade secret claim. Nevertheless, why not have an NDA, when you can quickly and easily create an NDA + iP agreement with the iPscaling trade secret sprint.
Or click here to sign up: