The marked rise in the use of artificial intelligence has given rise to new types of claims and defenses. We see increasing claims related to AI engineers and technology. But AI is changing the nature of the cases, too. Reverse engineering of software is easier than ever before, thanks to AI, potentially warping the concept of information that is “readily ascertainable by proper means” in future cases. And at the same time, AI makes the development of new, competing software easier than ever before.
The following is a comprehensive analysis of some of the most significant trade secret decisions that shaped the 2025 legal landscape. One clear theme of 2025 was continued judicial skepticism of broad trade secret claims. Courts systematically rejected broad, sweeping claims about proprietary information, with decisions like Sysco Machinery v. DCS USA and DeWolff Boberg v. Pethick establishing that companies must identify alleged trade secrets with greater precision or risk automatic dismissal. This scrutiny requires companies to abandon generic references to “databases” or “confidential information” in favor of granular specificity.
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Gregory S. Bombard and Kurt A. Kappes authored "Trade Secrets: 2025 in Review" for Wolters Klewer VitalLaw IP Litigator. To download a PDF, click the media link below.