The case of AMS Sensors USA Inc. v. Renesas Elec. Am. Inc., Civil Action No. 4:08-cv-00451, 2022 WL 2918893 (E.D. Tex. July 25, 2022) considered whether a breach of confidential information agreement could be based products that did not incorporate the plaintiff’s trade secret into the products design. Ultimately, the court concluded that “use” of a trade secret was not limited to directly implementing a trade secret into a product.  Rather, use included “any exploitation of the trade secret that is likely to result in [the] [p]laintiff’s injury or [d]efendant’s enrichment.”  Additionally, the court concluded that a defendant’s alleged use of a plaintiff’s trade secret includes “relying on the trade secret to assist or accelerate research or development.”Continue Reading Eastern District of Texas Explores Scope of Trade Secret Use Under Confidentiality Agreement