DTM Research
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Standing Without Ownership — If It’s a Trade Secret
Trade secret is a bit of the odd man out in intellectual property law. Trade secret arises under state law, not federal, and has no formalities: no recording of an interest or filing of an application is required. Something is a trade secret just because it’s a secret. There aren’t a lot of a cases… Continue reading
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Can a Trade Secret Licensee State a Claim?
It can in Wisconsin. In Metso Minerals Industries, Inc. v. FLSmidth-Excel LLC, there was no question that the plaintiff, Metso, was only a licensee of the secret, not the owner. Two of the defendants were former employees of Metso and one of its licensees, but now are employees of the corporate defendant Excel. Metso accused… Continue reading
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