Lexology November 6, 2025
Mintz

Trade secrets are a critical tool for protecting medical technology innovations. To that end, a robust trade secret management program is essential for safeguarding these valuable assets. To be effective in today’s legal environment, this program must also comply with the Defend Trade Secrets Act (DTSA) which provides a federal legal framework for pursuing remedies against misappropriation, but only if the company can prove it took reasonable measures to maintain the secrecy of the information. Therefore, a successful strategy for protecting MedTech innovations requires both a proactive internal management program and compliance with the federal law requirements. But the need to maintain the confidentiality of these valuable secrets is increasingly at odds with the competing requirement to disclose information for...

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