How do I file a trade secret infringement lawsuit?

In Oregon, filing a trade secret infringement lawsuit is a bit more complicated than filing a typical lawsuit. Oregon’s trade secret laws, found in the Oregon Revised Statutes (ORS) section 646.461, require a plaintiff to meet several specific criteria prior to filing their lawsuit. The first step is to show the court that you are in fact the owner of the trade secret. This means that you have to be able to prove that the trade secret is yours and that you have made efforts to keep it secret from others. Once the owner of the trade secret has been established, the court will then assess if the trade secret was in fact misappropriated. In order to prove misappropriation, you have to show that the trade secret was obtained by improper means or was acquired without consent from the owner. The plaintiff must then show that the misappropriation of the trade secret will cause them some type of damages, such as loss of profits or financial harm. Finally, the plaintiff must be able to prove that the defendant knew or should have known that the information was a trade secret and that they acted with the intention of taking advantage of the information. Once you have fulfilled these requirements, the next step is to file the lawsuit with the court. In Oregon, all trade secret infringement lawsuits must be filed in the Circuit Court. You must file your complaint, along with any other applicable documents, and submit them to the court. Once the court has received the documents, they will then decide if the case should be heard in court.

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