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possible,” 2protectable trade secrets are generally comprised of confidential,commercially valuable information. 3According to the Restatement,A trade secret may consist of a formula, pattern, device, orcompilation of information which is used in one’s business,and which gives him an opportunity to obtain an advantageover competitors who do not know or use it. It may be aformula for a chemical compound, a process for a machineor other device, or a list of customers. 4The question of whether information will qualify as a protectable “trade secret” understate or federal law is typically a question of fact for a judge or jury. 5The trier of factmust consider several factors in assessing whether the information is a protectabletrade secret, including:• the extent to which the information is known outside thecompany;• the extent to which it is known by employees and othersinvolved in the company;• the extent of measures taken by the company to guard thesecrecy of the information;• the value of the information to the company and to itscompetitors;• the amount of effort or money expended by the company indeveloping the information; and• the ease or difficulty from which the information could beproperly acquired or duplicated by others. 62 RESTATEMENT (FIRST) OF TORTS, § 757, comment (b) (1939).3 Uniform Trade Secrets Act § 1(4).4 Id.5 4-15 Roger M. Milgrim, MILGRIM ON TRADE SECRETS § 15.01.6 Restatement (First) of Torts, § 757, comment (b) (1939).3082723.3

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