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Moore v. Kulicke & Soffa Industries Inc.

Case Number: CLB0012

Date: 02.03.2003

Allegation of independent development is denial of “improper use” element of asserted claim for trade secret misappropriation that shifts burden of production to defendant, rather than affirmative defense that shifts burden of persuasion, since affirmative defense requires establishment of facts extrinsic to plaintiff’s complaint, whereas independent development is strongly linked to improper use element of trade secret claim.

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