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

To win a trade secret misappropriation claim in Washington, the claimant needs to provide proof that the trade secret was in fact misappropriated. The claimant will generally need to prove three elements in order to demonstrate misappropriation. First, the claimant must demonstrate that the trade secret has economic value. This economic value may come in the form of an advantage over competitors, or the use of the trade secret within the claimant’s own business. Second, the claimant must show that the trade secret was not readily known or ascertainable by another person in the same industry. This means the claimant must demonstrate that they have taken reasonable steps to maintain the secrecy of the trade secret, such as restricting access to the confidential information to only those people who need to know. Third, the claimant must prove that the trade secret was disclosed or acquired through improper means. This could include a breach of a confidentiality agreement, theft, industrial espionage, or any other unauthorized activity that was used to gain access to the trade secret. In addition to these elements, it is important to note that trade secrets must be shown to have been acquired intentionally. Therefore, a person cannot be held responsible for misappropriating a trade secret if they obtained it without any knowledge or intent to do so.

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

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