What kind of proof do you need to win a trade secret misappropriation claim?

In order to win a trade secret misappropriation claim in the state of Virginia, the claimant (the person bringing the claim) must be able to prove that the defendant (the person or entity accused of misappropriating the trade secret) had some type of access to the trade secret information, and that the defendant used the trade secret information without the claimant’s permission. For the claimant to win their trade secret misappropriation claim, they must also prove that the defendant knew or should have known that the trade secret was confidential and that the defendant used the trade secret in a manner that was likely to cause significant economic harm to the claimant. The claimant must also be able to prove that their trade secret was of economic value and that it was not readily ascertainable by others outside of the claimant’s business. Lastly, the claimant must prove that the defendant made a profit (i.e. received some form of economic benefit) from using the trade secret without the claimant’s permission. Therefore, in order to win a trade secret misappropriation claim in Virginia, the claimant must be able to prove that the defendant had access to the trade secret, that the defendant knew or should have known that the trade secret was confidential, that the defendant used the trade secret in a manner that was likely to cause economic harm to the claimant, that the trade secret was of economic value, and that the defendant made a profit from using the trade secret without the claimant’s permission.

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What kind of proof do you need to win a trade secret misappropriation claim?

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