Friday, October 12, 2007

Algorithms as trade secrets and protective orders

Thanks to The Arkansas Business Litigation Blog for Equifax and Experian Must Produce Trade Secrets, Subject to Protective Order. I had seen no news of the case Fair Isaac Corp. v. Equifax, Inc..
The court agreed the algorithms and software are trade secrets but that defendants must produce them to Fair Isaac. A protective order prevents Fair Isaac or its experts from using the information for any purposes other than the litigation. Any violation of the protective order is punishable by appropriate sanctions.
Having never succeeded well in mathematics, I would say algorithms are in and of themselves not only a secret but a mystery. So much for lawyer humor today.

Points to be made: 1) do not limit trade secrets to lists and documents and blueprints, and 2) protective orders exist to protect the integrity of the judicial system and the trade secrets.

Remember if you have a business in Indiana that I am available for consultation or representation in trade secret matters.

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