Failure of Trade Secret Owner to Protect Trade Secrets The failure of the trade secret owner to take prompt action to protect its trade secrets or to alert good-faith acquirers to the existence of its trade secret claims can serve as a defense in the event the trade secret owner eventually decides to pursue a misappropriation claim against the third party. (Cypress Semiconductor Corp. v. Superior Ct. (2008) 163 Cal.App4th 575, 588.)
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