by Dennis Crouch
The Federal Circuit has affirmed summary judgment against a trade secret plaintiff who, in the court's view, failed to adequately identify the boundaries of its alleged secrets. Applied Predictive Technologies, Inc. v. MarketDial, Inc., No. 24-1751 (Fed. Cir. Jan. 28, 2026) (nonprecedential). This is a reality of trade secret litigation today - plaintiffs must explain the bounds of their alleged trade secrets both with clarity and supporting evidence showing that the specific information derives independent economic value from not being generally known or readily ascertainable by proper means.
The case is also interesting because it involves a McKinsey business consultant who started a new company to compete with a former client.
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