Pleading trade secrets claims in federal court

It’s not hard bringing cases in federal court.

But it’s not like state court either.

You can’t just throw some legal mumbo jumbo on a page and expect to clear a motion to dismiss. (The same goes for state court too. Though you’ve got a better shot at it.)

What you must do is show that your trade secret has value and is a secret, in a non-conclusory way.

ReactX v. Mendez (2018 WL 6164275) unpacks that.

Alleging that your trade secret was a “secret process” isn’t good enough. But alleging that it’s “proprietary information and schematics related to its digital creative platform, which included a proprietary video player apparatus” is.

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Fighting back against trade secret claims with a counterclaim of bad faith

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Why you better get your trade secrets disclosure right the first time