Some devices and methods are better protected as trade secrets than by the patent process. Each has advantages and disadvantages. Any pattern, process, design, or compilation of information is eligible for protection as a trade secret provided it gives a business an advantage over its competitors. Trade secret litigation is becoming more prevalent as it often serves as a means to achieve post-employment restrictions where there is no non-competition agreement. Trade secrets are derived from state law, but are often litigated in federal court.
Attorneys at the Firm have been involved in addressing trade secrets issues on a variety of levels. Clients have relied upon our advice ranging from whether protectible information exits and how to best protect that information to litigation of trade secrets claims through trial and appeal.