CAFC tackles Florida trade secret law in ABB Turbo v. TURBOUSA
Note the text below taken from the
case ABB Turbo v. TURBOUSA decided by the Court of Appeals for the Federal Circuit on 17 Dec. 2014:
A plaintiff claiming misappropriation
of trade secrets under Florida law must
allege facts giving rise to a reasonable inference that
(1)“the plaintiff possessed secret information and took
reasonable steps to protect its secrecy,”Medimport S.R.L
v. Cabreja, 929 F. Supp. 2d 1302, 1322 (S.D.
Fla. 2013)(quotation marks and citation omitted);
(2) “the secret it possessed was misappropriated, either by one who knew
or had reason to know that the secret was improperly
obtained or by one who used improper means to obtain it,”
id.;see Fla. Stat. §688.002; and
(3) the secret “[d]erives independent economic value” from not being generally known or ascertainable through proper means, Fla. Stat.