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CA : statute of limitations began to run when owner had reason to suspect that buyer knew or should know that software contained trade secrets

Background: Owner of trade secrets brought trade secret misappropriation action against buyer of its competitor's software. The Superior Court, Santa Clara County, No. CV019992, Marc B. Poche, J., granted owner's motion in limine to exclude evidence relating to statute of limitations. Buyer petitioned for writ of mandate. Holdings: The Court of Appeal, Premo, Acting P.J., held that: (1) statute of limitations began to run when owner had reason to suspect that buyer knew or should know that software contained trade secrets, and (2) a plaintiff's failure to discover defendant's identity does not postpone accrual of cause of action.

Full post as published by The Trade Secrets Vault on June 28, 2008 (boomark / email).