Intellectual Property Law

New Matter SPRING 2024, VOLUME 49, EDITION 1

TRADE SECRET REPORT

Conor Tucker
Wilson Sonsini Goodrich & Rosati

Trade Secret Definition – Publicly Known or Readily Ascertainable

Equate Media, Inc. v. Suthar, No. 22-55681 (Mem.) (9th Cir. Nov. 6, 2023).

The Ninth Circuit held that information such as "conversion rates" (i.e., how many users clicked on advertisements and bought services) and "quality scores" related to a company’s Google ad data may be trade secrets under the DTSA. "The record shows that the public can discern the keywords on which a company has bid but that the quality scores and conversion rates are not publicly discernible." The court reversed the district court’s judgment as a matter of law and reinstated the jury verdict.

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