Statute of Limitations is a Key Issue in Delaware Trade Secret Dispute

April 12, 2023

The decision to patent an innovation – or to protect it as a trade secret – tends to be binary. Either patent protection is sought, which requires disclosure, or reasonable efforts are made to ensure that the secret sauce stays secret. Once a patent or patent application has been published, its contents cannot be the subject of trade secret protection (see Accent Packaging Inc v Leggett & Platt Inc, 707 F3d 1318, 1329 (Fed Cir 2013). For that reason, and to avoid any missteps, it is best to confirm that all internal stakeholders are aligned with your company’s IP strategy.

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