During negotiations, which were the subject of a nondisclosure agreement, an inventor described the invention of “digital stamping technology” [DST]. After negotiations failed, the inventor discovered the other party to the negotiations had filed for patents encompassing its DST. After a court trial, the court awarded the inventor damages, prejudgment interest and attorney fees. On appeal, defendant contended it was improper for the trial court to base its ruling on misappropriation of the DST concept as a whole, and any other trade secrets the court found misappropriated were not adequately identified in the court’s decision. Defendant further contended DST was not protectable as a trade secret, either as a combination secret or as particular design concepts, because ideas and design concepts are not protectable trade secrets. Moreover, defendant contended plaintiff did not show the ideas were kept secret, or had independent economic value. Noting that “Trade secret law allows the inventor to disclose an idea in confidential commercial negotiations certain that the other side will not appropriate it without compensation,” the appellate court affirmed the trial court’s judgment. (Altavion, Inc. v. Konica Minolta Systems Laboratory (Cal. App. First Dist., Div. 5; May 8, 2014)226 Cal.App.4th 26.)
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