In some circumstances, a defendant who misappropriated a trade secret can avoid entry of a perpetual injunction prohibiting use of the trade secret.\u00a0 A \u201clead time\u201d injunction bars use of a trade secret for a limited period of time adequate to prevent the defendant from gaining a competitive advantage through use of the stolen trade secret.\u00a0 For example, if a plaintiff\u2019s trade secret could be reverse engineered by a competitor in one year, the plaintiff might only be entitled to an injunction of one year duration (rather than a perpetual injunction).<\/p>\n
There is Texas case authority placing the burden of proof at trial on the Defendant to establish that an injunction of lesser duration than a perpetual injunction is adequate to protect the plaintiff\u2019s rights.\u00a0 See Halliburton Energy Svs. V. Axis Technologies, LLC<\/a><\/em>, 444 S.W.3d 251, 257 (Tex. App.\u2014Dallas 2014, no pet.)<\/a>; \u00a0Hyde Corp. v. Huffines<\/em>, 314 S.W.2d 763, 776 (Tex. 1958)<\/a>.<\/p>\n