Pete2 said:
What is the name of your state? Illinois
Is a trade secret a trade secret if the information and/or technique used to claim a trade secret was done by infringement of an other's intellectual property being a patent or trade secret?
I'm not sure I follow you here.
A trade secret is defined in the Uniform Trade Secrets Act as "information, including a formula, pattern, compilation, program device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from no being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy." As you can see, there is no requirements as to HOW the secrets being protected as trade secrets came about.
That said, if you are infringing a patent, you are infringing a patent -- it doesn't matter whether you characterize the infringement as a trade secret ot not, you are still potentially liable for infringement.
But beyond that, I don't really understand what you are asking -- perhaps if you could give an example, it would be easier to provide an answer.
