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Trade Secret Misappropriation – Intellectual Property Outline

Intellectual Property

Trade Secret Misappropriation

You can sue for trade secret misappropriation under 18 U.S.C. § 1836 if you have a valid trade secret which someone else misappropriated.

Misappropriation means acquiring something by improper means.

Improper Means

Improper means of acquiring trade secrets include theft, bribery, lying, breaching or inducing someone to breach a duty, and espionage, but it does not include reverse engineering, independent derivation, or other lawful means of acquisition. 18 U.S.C. § 1839(6).

Someone else breaching a contract does not make your use of the information misappropriation if you did not induce him to break the contract.

Improper means do not have to be illegal, but anything illegal is improper means.

You can get attorney's fees for trade secret misappropriation at the judge's discretion.

"Defenses"
  1. General knowledge in the industry
  2. Reverse engineering