What makes information a trade secret?
The federal definition in 18 U.S.C. 1839 requires reasonable measures to keep the information secret and independent economic value from its not being generally known or readily ascertainable through proper means. Patent publication therefore matters when the alleged secret is information disclosed in the patent. Identify the exact information at issue rather than assuming an entire project is secret.
Is using similar technology enough?
Patent infringement under 35 U.S.C. 271 and misappropriation under 18 U.S.C. 1839 are distinct inquiries. The trade-secret statute addresses improper acquisition, disclosure, or use under specified circumstances. It excludes reverse engineering and independent derivation from its definition of improper means. A conclusion on one claim does not resolve the other.
What should the first review cover?
Preserve the relevant devices, repositories, correspondence, and access records. Ask counsel to separate publicly disclosed technical material from the allegedly secret material and review the agreements governing access. The federal trade-secret statute permits relief for actual or threatened misappropriation subject to its conditions; it does not establish a faster timetable than patent litigation.