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

In Washington, the amount of evidence needed to win a trade secret misappropriation claim depends on the type of claim being made. Generally, it’s best to have as much evidence as possible in order to establish that the information is indeed a trade secret and that misappropriation has occurred. In Washington, a trade secret misappropriation claim requires the plaintiff—the person or organization filing the claim—to prove three things: First, the plaintiff must prove the information constitutes a trade secret. A trade secret is information that derives independent economic value from not being generally known and is subject to reasonable efforts to keep it secret. Second, the plaintiff must prove the defendant acquired the information through an improper or unauthorized means. This can include stealing, espionage, bribery, or unauthorized access to confidential records. Third, the plaintiff must prove the defendant’s misappropriation of the trade secret caused the plaintiff actual or potential harm. In order to prove these elements, a variety of evidence may be required, including contracts, emails, computer records, or witness testimony. A successful trade secret misappropriation claim requires irrefutable evidence that the trade secret was misappropriated, and the more evidence, the better chance the plaintiff has of winning the claim.

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