Group C of Week 1 Assessment by https://padlet.com/crabtreececi/asflsnww7gn3 Basics of Trade Secret Law en-us 2020-01-16 21:44:47 UTC 2026-01-06 06:39:08 UTC hello@padlet.com As stated by the UTSA, "Trade Secret" means information, including a formula, pattern, compilation, program, device, method, technique or process, that: (1) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other person who can obtain economic values from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. crabtreececi https://padlet.com/crabtreececi/asflsnww7gn3/wish/433349080 2020-01-19 05:12:12 UTC https://padlet.com/crabtreececi/asflsnww7gn3/wish/433349080 The court granted Amoco's preliminary injunction due to there being sufficient evidence that the information on the Clendenning map was "trade secret." Ind. Code Section 24-2-3-2 has the same wording as the UTSA definition. This case adds emphasis to "not being readily available by proper means." This phrase is being reviewed by the court because it poses an ambiguity issue. The court states that the plain language of the Indiana Uniform Trade Secrets Act and the UTSA neglect to give support of the economic infeasibility standard. Additionally, the Ind. Code Section 24-2-3-2 states that "information is readily ascertainable if it is available in trade journals, reference books, or other published materials." The economic infeasibility standard is inconsistent with apparent legislature intent and the elements of "trade secret." The court found that the duplication of alleged trade secret information requires substantial investment of time, expense, or effort to be found "not being readily ascertainable" to qualify for protection under Indiana Trade Secrets Act. While oil reserve locations are not a new invention, product, or technology, it is a new discovery of previously unknown deposits of valuable natural resources. crabtreececi https://padlet.com/crabtreececi/asflsnww7gn3/wish/433352997 2020-01-19 05:56:42 UTC https://padlet.com/crabtreececi/asflsnww7gn3/wish/433352997 katcuson https://padlet.com/crabtreececi/asflsnww7gn3/wish/433486211 Entities must demonstrate that information labeled as trade secrets cannot be obtainable through other legitimate means. Burden rests on a plaintiff to demonstrate, and if not demonstrated, information is ineligible for protection.]]> 2020-01-20 01:26:15 UTC https://padlet.com/crabtreececi/asflsnww7gn3/wish/433486211 mschmidt110 https://padlet.com/crabtreececi/asflsnww7gn3/wish/433770706 Despite information regarding the purported trade secret being readily attainable via proper, the court here reasoned that when improper means are clearly used then trade secret protection should be favored. 

This appears to stem from the "temporal advantage" gained from keeping information secret until going to market even when after that point, a competitor could reverse engineer and copy said product.]]> 2020-01-20 22:38:19 UTC https://padlet.com/crabtreececi/asflsnww7gn3/wish/433770706 mschmidt110 https://padlet.com/crabtreececi/asflsnww7gn3/wish/433772021 Bunner tackled the difficult question of whether a Trade secret can still be protected once its posted on the internet.

Adding to the definition of a trade secret Bunner posited that if, upon posting, the information has not become generally known to the relevant people, either by being obscurely posted or removed by injunction than the trade secret remains.]]> 2020-01-20 22:46:46 UTC https://padlet.com/crabtreececi/asflsnww7gn3/wish/433772021 koppmatthew https://padlet.com/crabtreececi/asflsnww7gn3/wish/433774592 Reposting from my comment on lecturette 1-2:

There is a new policy concern with trade secrets and the emergence of Artificial Intelligence based decision systems. Currently, there are numerous criminal justice systems across the country using Risk Assessment Tools to make decisions about bail and sentencing. These tools input personal data into proprietary machine learning algorithms to attempt to determine factors like flight/recidivism risk.

The issue with these algorithms is that the data inputs and availability of training data reinforce systemic biases against minority groups. Therefore, when the algorithms are kept secret, outside groups cannot assess these tools for bias without reverse engineering. With machine learning algorithms being rapidly developed, the law will need to address this growing concern.

Article on machine learning and data biases: https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing]]> 2020-01-20 23:06:50 UTC https://padlet.com/crabtreececi/asflsnww7gn3/wish/433774592