To embed, copy and paste the code into your website or blog:
Consistent with many jurisdictions which have adopted the Uniform Trade Secrets Act, Delaware’s version expressly preempts common law claims based on the misappropriation of trade secrets.
See 6 Del. C. § 2007. In a recent opinion, Vice Chancellor Slights of the Court of Chancery dismissed a claim for unjust enrichment based on defendant’s alleged misappropriation and use of plaintiff’s confidential and proprietary data because Delaware’s trade secret statute “occupies the filed” and preempts claims for common law unjust enrichment.
This recent case involved a proprietary sensor network created by plaintiff, 250ok. This technology helps email marketers avoid spam traps designed to block their email marketing efforts. 250ok entered into a “Reseller Agreement” with defendant SparkPost to market and sell 250ok’s product with SparkPost’s own products and services. Approximately 4 years later, SparkPost