8-4 SIMPLIFYING COMPLEX INFORMATION

• Jurisdiction: United States

8-4 Simplifying Complex Information

Perhaps the greatest challenge that both parties face in trying a trade secret case is simplifying complex information in a way that engages and educates the jury. It is one thing if the trade secret is something the jury can easily relate to and conceptualize— such as, for example, the formula to Coca-Cola, but often there are numerous trade secrets at issue, and, in many cases, the trade secret is much more abstract and much less familiar than the formula to Coke. On the other hand, some successful trade secret plaintiffs have decided to proceed to trial with hundreds of alleged trade secrets at issue, thus hampering the defendant's ability to effectively counter that certain information is not entitled to trade secret protection.

In presenting complex trade secret information, one of the best ways to explain the trade secret is by using 3D models or live demonstrations about how the trade secret works. Of course, whether that approach succeeds depends entirely on the nature and number of the trade secrets.

When the trade secret does not lend itself to an in-person demonstration, attorneys can create diagrams, animations, or other demonstratives to explain the trade secret in as simple terms as possible. Moreover, in cases where the trade secret is highly complex, it may help to adopt a more familiar analogy to explain the information's significance to the jury. Of course, you should think carefully about what analogies you use to describe the trade secret since the opposing party may benefit from over-simplistic reductions and turn them on you in unexpected ways. In any event, if your technical expert is good, he or she can often help vet such analogies or even serve as the mouthpiece for translating complex ideas to the jury.

Given the increasing reliance on technology such as laptops and projectors for the presentation of evidence, using effective demonstrative evidence is often essential to conveying to the jury a simple and effective view of the trade secret at issue. As a general matter, however, demonstrative evidence is different than substantive evidence in that demonstratives are not admitted into evidence and, therefore, not allowed in the jury room for deliberation. But demonstrative evidence can be...