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Jury must decide whether a manufacturing process that is disclosed in an expired patent and is not concealed from visitors to the plant constitutes a trade secret

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 21 2011

When a defendant, sued by a former employer for misappropriating a manufacturing process that allegedly constituted a trade secret, denies that the process is confidential and files a counterclaim alleging that the plaintiff is engaged in sham litigation in order to stifle competition, is it appropriate for the court to instruct the jury that the evidence shows plaintiff does not have a valid trade secret?