Comprehensive protection for production processes, formulations, equipment configurations, quality methods, and operational efficiencies. DTSA and ITC compliant.
Manufacturing trade secrets can include a wide range of proprietary information:
Key laws and remedies for manufacturing trade secret misappropriation
Federal civil cause of action for trade secret misappropriation. Provides ex parte seizure orders, injunctions, and damages including exemplary damages for willful misappropriation.
Learn about DTSA requirements →State-level protection adopted by 48 states. Provides injunctive relief and damages. Requirements vary by state. Often used alongside DTSA claims.
State UTSA variations →International Trade Commission can issue exclusion orders blocking imports made using misappropriated trade secrets. Powerful remedy for overseas manufacturing theft.
ITC trade secret remedies →Economic Espionage Act provides criminal penalties for trade secret theft. DOJ increasingly prosecutes manufacturing IP theft, especially involving foreign actors.
Criminal trade secret theft →For NDAs with employees and contractors, the DTSA requires inclusion of this immunity notice to preserve your right to exemplary damages and attorney fees:
Note: This notice may be provided by reference to a policy document rather than inclusion in each NDA.
Ensure your manufacturing trade secrets have adequate protection:
Trade secret litigation is complex and fact-intensive. Success requires demonstrating that information qualifies as a trade secret, that reasonable protection measures were in place, and that misappropriation occurred. If you suspect trade secret theft, engage specialized IP litigation counsel immediately. Delay can result in loss of trade secret status and available remedies. International manufacturing raises additional complexities around jurisdiction and enforcement.