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1. Secret and valuable
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"[M]atters of public knowledge or general knowledge known in an industry cannot be appropriated by one and claimed as one's own trade secret." Sperry Rand Corp. v. Tectronix, Inc., 311 F.Supp. 910 (E.D. Pa. 1970). The holder of the trade secret is responsible for maintaining the secrecy of the information. The information must be valuable to both the holder and the recipient. The information must be difficult to acquire or duplicate to be protected by courts.[1]
2. Described with particularity 3. Software trade secrets and patents: Conflicting or complementary? [1] http://www.shk-dplc.com/cfo/issue_01/secret.html |