A Patent Application Does Not Bar A DTSA Claim Update

In Cajun Services Unlimited, LLC v. Benton Energy Service Company, the U.S. District Court for the Eastern District of Louisiana denied a motion for summary judgment and held that material in a patent application can remain an actionable trade secret until publication. The plaintiffs brought claims alleging, among other things, a violation of the Defend Trade Secrets Act. Under the DTSA, a plaintiff must prove (1) the existence of a trade secret; (2) the misappropriation of a trade secret by another (3) and the trade secret's relation to a good or service used or intended for use in interstate or foreign commerce. Additionally, the owner must take reasonable measures to keep the trade secret a secret.