2023 Trade Secret Update: A Look Back At Recent Trade Secret Developments

WilmerHale lawyers advise clients on every aspect of trade secret law from contracts to complex litigation. Below is a short update on important cases and developments.

IDENTIFYING A TRADE SECRET

Trade secret identification remains a hot button issue. Notwithstanding years of commentary and a statutory framework for trade secret identification in some states, including California, courts across the country continue to take differing approaches to trade secret allegations.

• REXA, Inc. v. Chester, 42 F.4th 652 (7th Cir. 2022)—Insufficiently alleging a trade secret

In 1993, Koso America purchased the assets of Rexa Corporation. In 1998, Koso hired Defendant Mark Chester but did not enter into a formal employment agreement with Chester. In 2002, Chester participated in a project to investigate potential "alternate valves" for an actuator that would enable Koso to cease having to pay royalties to a third party. For several weeks, Chester and a colleague sought