Quoting Section 40, comment c, of the Restatement (Third) of Unfair Competition, the Fifth Circuit Court of Appeals held recently that “Any exploitation of the trade secret that is likely to result in injury to the trade secret owner or enrichment to the defendant” constitutes a “use” giving rise to liability for misappropriation (emphasis added). So, when Varco, LLP filed…

Continue Reading Filing A Patent Application Covering A Misappropriated Trade Secret Held To Constitute A “Use” Which Justifies $600,000 In Compensatory Damages