Orthofix, Inc. v. Eric Hunter

MERRITT, Circuit Judge.

This case is about the relationship of three separate categories of business information: (1) “trade secrets,” (2) contractually protected “confidential information,” and (3) “general skills and knowledge.” The Restatement (Third) of Unfair Competition succinctly sets out the legal meaning of these three categories of information and how the three should be applied in this case.

According to the Restatement, a trade secret is “any information that can be used in the operation of a business or other enterprise and is sufficiently valuable and secret to afford an actual or…