Hicklin Eng LC v. Bartell, R.J.
. . .
On remand the parties and trier of fact will need to separate Axi-Line’s contributions (which Hicklin owns) from Bartell’s (which he owns), determine which of Axi-Line’s data are trade secrets, ascertain whether Bartell recognized that these data are confidential, pin down the use that Bartell made of those trade secrets, and if necessary decide whether Wisconsin law permits such a use. If Hicklin prevails on these issues, the district court will have to select an appropriate remedy.
Hicklin has presented additional legal theories, but the district court need not consider them. These common-law approaches have been superseded by the Trade Secrets Act. See §7(a) of the Uniform Trade Secrets Act, enacted as Wis. Stat. §134.90(6); ConFold, slip op. 12-14 (Wisconsin law);
Hecny Transportation, Inc. v. Chu, 430 F.3d 402 (7th Cir. 2005) (discussing the Illinois version of this provision). They would in any event add little or nothing to the statutory remedy, so they should be put to one side if only to streamline the litigation.
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