When presenting theft of trade secret claims to a jury, it is important for the lawyer representing the Plaintiff to explain the difference between a trade secret and a patent.\u00a0 It is common for a juror to begin a case with the incorrect belief that a business must obtain a patent to be able to protect business information or techniques in litigation.\u00a0 The truth, however, is that trade secrets are an alternative form of intellectual property that courts enforce through awards of damages and injunctions.<\/p>\n
Dallas jury consultant, Jason Bloom<\/a>, recently conducted a survey<\/a> of approximately 1,000 Dallas, Texas residents summoned for jury duty.\u00a0 82% of the prospective jurors believed, \u201cIf someone has a trade secret, then they should get a patent on it.\u201d\u00a0 This is a reminder that an important part of presenting a trade secret case to a jury is explaining the difference between trade secrets and patents.<\/p>\n photo credit: Wonder woman0731 School Lost and Confused Signpost.<\/a> via photopin<\/a> (license)<\/a><\/p>\n