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Possession of a Trade Secret Is Enough?

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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.

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I'm Chris Paradies, a Florida Bar certified intellectual property Attorney and U.S. Reg. Patent Attorney, founder of ParadiesĀ® law and creator of the IPscaling process. I chair the board of directors for the Tampa Bay Innovation Center and serve as a facilitator helping small business owners get started right. I work hard as an advocate for small businesses and have received awards and recognition for support of small business economic development and leadership in technology. I'm a West Point graduate, U.S. Army veteran and entrepreneur. I'm not afraid to stand up and say that the Big Law model is broken and doesn't serve entrepreneurs well. Some of the alternatives are even worse! This is a market ripe for disruptive change. And I'm willing to take the lead. Join me!


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