How much evidence is needed to win a trade secret misappropriation claim?

In South Dakota, winning a trade secret misappropriation claim requires the plaintiff to present sufficient evidence to prove the four criteria are met. These criteria include 1) that the information is a “trade secret,” 2) that the defendant had access to the information, 3) that the defendant misappropriated the information, and 4) that the plaintiff has suffered an injury. For the first criterion, the plaintiff must clearly show that the information was not generally known in the particular industry or has been independently developed by the defendant. The plaintiff might try to prove this by presenting a statement from someone in the industry who can testify that they do not know the information or a testimony from someone who can verify that the defendant independently developed the information. For the second criterion, the plaintiff must show that the defendant had access to the information, which means that the defendant likely obtained the information from the plaintiff. The plaintiff can prove this by providing evidence such as emails or documents that were sent to the defendant or other communication between the plaintiff and defendant. The third criterion requires that the plaintiff demonstrate the defendant misappropriated the information. The plaintiff may do this by submitting proof that the defendant put the information to some commercial use or sold it to someone else. The fourth criterion requires that the plaintiff show that the misappropriation caused them an injury. The plaintiff must provide evidence that the defendant’s actions resulted in the plaintiff’s loss of customers or profits or that the defendant was able to gain an advantage that the plaintiff would not have otherwise achieved. In South Dakota, a trade secret misappropriation claim requires the plaintiff to present enough proof related to these four criteria in order to win the case. The court will review all the evidence presented to make a determination.

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