Question 1

What is confidential information?

Accepted Answer

Confidential information and trade secrets are often used interchangeably and are information that is not disclosed to the public that typically has commercial value. Confidential information can include various items, such as documents (paper and/or electronic), client lists, ideas, financial information, designs, business methods, formulas, source codes etc. Confidential information is typically communicated to others in confidence.

Question 2

What is the “springboard doctrine” and how does it impact inventors?

Accepted Answer

If you share you confidential idea with a company and that information was intended to be confidential, and that information is taken, you may have a cause of action if the company just used some, and not the entirety, of your idea to develop another product.  The springboard doctrine applies even if the defendant company does substantial development of your idea on its own. This is known as the springboard doctrine.

Question 3

How can I protect my confidential information?

Accepted Answer

It is important for your company to have safeguards for you confidential information that include: restricted access in your company, password/technological protection, clearly labeling information as confidential, confidentiality clauses in employment and independent contractor agreements, NDA or Non-Disclosure Agreements when you are exploring collaborations with others. Please contact us for more information and strategies on protecting your confidential information.

Question 4

What is an NDA and how does it work?

Accepted Answer

A non-disclosure agreement (NDA) is a document that is commonly used to have individuals sign prior to disclosing confidential information to them (for example an inventor disclosing an invention to a manufacturer). The value of the NDA is that it assists in setting the expectation of the parties with respect to the confidential information. The NDA is evidence that the parties intended the information to be confidential.  This evidence may be required in litigation.

Question 5

What can I do if an employee/former employee removes confidential information from my business?

Accepted Answer

For highly sensitive information, your company may obtain and interim and interlocutory injunction on an urgent basis to have the confidential information delivered up to an independent party pending the resolution of the litigation. The Court’s order can include seizing the personal computers, smartphones and freezing the online accounts of the former employee. For an interim and interlocutory injunctions time is of the essence and the motion must be brought as soon as possible.
If an employee removes confidential information from your business that is less sensitive, you can bring a lawsuit against that former employee for breach of confidence without an interim or interlocutory injunction.

Question 6

What can I do if someone breaches their duty of confidence?

Accepted Answer

For highly sensitive information, your company may obtain and interim and interlocutory injunction on an urgent basis to have the confidential information delivered up to an independent party pending the resolution of the litigation. The Court’s order can include seizing the personal computers, smartphones and freezing the online accounts of the former employee. For an interim and interlocutory injunctions time is of the essence and the motion must be brought as soon as possible.
If an individual removes confidential information from your business that is less sensitive, you can bring a lawsuit against that former employee for breach of confidence without an interim or interlocutory injunction.

Confidential Information

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