Milgrim on Trade Secrets now includes analysis of Memry Corp. v. Kentucky Oil Technology, N.V. (N.D. Cal.), which deals with several subtle but important trade secret issues ranging from whether a possessor of a trade secret, i.e., one without proof of ownership, has standing and whether such a person is the appropriate party to assert misappropriation claims that predated a transfer of the trade secret to it; the court also emphasizes the fact-intensive nature of an analysis of a trade secret, rejecting a broad precept -- the issuance of a patent -- as the termination of a trade secret but rather insisting upon a comparison of matter identified as a trade secret compared with the contents of the patent. See also MGP Ingredients, Inc. v. Mars, Inc. (D. Kan.), which also illustrates the difference between what a patent discloses and improvements that are not disclosed in the patent and hence capable of being a trade secret.  

Milgrim on Trade Secrets 

Milgrim on Trade Secrets on lexis.com