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Advanced Fluid Systems, Inc. v. Huber

3rd Circuit

April 30, 2020

In this trade secrets litigation, the 3rd Circuit was called on to interpret Pennsylvania’s Trade Secrets Act. At issue was whether a particular party had a sufficient interest in the trade secret to maintain an action for misappropriation. The 3rd Circuit adopted the reasoning of the 4th Circuit in DTM Research LLC v. AT&T Corp., 245 F.3d 327 (4th Cir. 2001), and held that the party must have only “lawful possession” and not necessarily full legal ownership.

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