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Intellectual PropertyTrade SecretsThe Intellectual Property StrategistFeatures

The Curious Persistence of the Six-Factor Trade Secret Test, Part 2

By Richard Rothman
May 31, 2025

Part Two: Compatibility of the Trade Secret Tests

This two-part article discusses the requirements for information to be considered a trade secret under U.S. law, focusing on courts’ continued use of the six-factor test outlined in the Restatement of Torts. Part One covered the evolving tests for establishing a trade secret, while Part Two examines the compatibility of those tests and potential considerations for litigators and legislators.

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