Delaware
How E.I. du Pont de Nemours & Co. v. Christopher applies in Delaware: state-specific rules, key cases, and bar exam notes for Trade Secrets / Unfair Competition.
Delaware courts adopt the Uniform Trade Secrets Act (UTSA), which emphasizes the need for reasonable efforts to maintain the secrecy of information for it to be considered a trade secret. The principles from Christopher are thus integrated into Delaware's examination of the bounds of reasonable efforts and the actions of those accused of misappropriating trade secrets.
In Delaware, a trade secret is defined by its secrecy, economic value derived from that secrecy, and the reasonable efforts made to protect it. Misappropriation involves either the acquisition of a trade secret through improper means or the disclosure/use of a trade secret without consent.
The court reinforced that the misappropriation of trade secrets requires a demonstration of improper means as defined under the UTSA.
This case illustrated that trade secrets require not only novelty but also economically valuable information that is kept secret.
The court ruled that protective measures in place for trade secrets must be demonstrably effective to warrant trade secret status.
Delaware's application of the UTSA aligns closely with federal interpretations of trade secrets under the Defend Trade Secrets Act (DTSA). However, Delaware places additional emphasis on the burden of proof regarding the efforts taken to protect trade secrets and the seriousness of confidentiality agreements.
This case and Delaware's trade secret jurisprudence are often tested in the bar exam, particularly the definitions of trade secrets and the implications of misappropriation.