Seeking Summary Judgment In Trade Secrets Cases

Trade secrets cases often involve intrigue and juicy facts, like departing employees downloading thousands of computer files under cover of darkness. But given that such claims often turn on disputed facts, we wondered: How successful are summary judgment motions in trade secrets cases?

For the non-lawyers out there, a motion for summary judgment is basically a request that a court throw out a case before trial on the theory that no reasonable jury could find in favor of the other party. Are these types of requests worth the often significant time and cost needed to prepare and decide them? We've seen some courts say "No," and refuse to entertain any summary judgment procedure at all.