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.
