Determining What Constitutes a Trade Secret Under the New Texas Uniform Trade Secrets Act (TUTSA)
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Provides background information on the Restatement of Torts factors. Part III looks at the TUTSA definition for a trade secret in more detail. Part IV provides preliminary support for the continued use of the Restatement of Torts factors as a guide to determine what constitutes a trade secret under the TUTSA. And last, Part V presents a comparison of the TUTSA definition with the Restatement of Torts factors, along with representative case law as further support for the continued use of the factors under TUTSA.
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The Sixth Circuit Has Held that Federal Patent Law Preempts State Trade Secret Law When the Subject Matter of the Trade Secret is Patentable Johnson, Philip (Texas Tech Law Review, 1974)In Kewanee, the Sixth Circuit held that state trade secret law which protects a device used commercially for more than one year and which device is patentable subject matter, is preempted because it conflicts with patent ...
Writ of Mandamus Will Issue to Correct Abuse of Discretion by Trial Court in Ordering Discovery of Trade Secrets Without Inspection to Determine Necessity of Their Discovery Melinsky, Adair (Texas Tech Law Review, 1975)Analyzes the rules that protect trade secrets. The author concludes that review by petition for a writ of mandamus is the only satisfactory remedy the court can provide for discovery of information erroneously ordered by ...