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JANUARY/FEBRUARY 2021 IP Litigator 19 Trade Secret Litigation Travis J. Anderson and Joseph C. Peacock Trade Secret Takeaways from the Ninth Circuit's Decision in InteliClear, LLC v. ETC Global Holdings, Inc. Courts often require a plaintiff to identify a trade secret with reasonable particularity before commencing discovery (and it is a statutory obligation in California). Ninth Circuit's Decision The Ninth Circuit framed the issue on appeal as involving "the requisite particularity with which trade secret misappropriation plaintiffs must define their trade secrets to defeat a motion for summary judgment." But frequently a trade-secret plaintiff does not know precisely which trade secrets have been taken by the defendant before discovery commences. [Extracted from the article]