1. Dräger US – Trade Secrets CAP Training
Created by: Jessica Ergmann Version

2. Trade Secret Policy Purpose and Scope
Purpose This policy sets forth procedures and measures to protect trade secrets owned by all Dräger US entities, including, Draeger Medical Systems, Inc. and Draeger, Inc. (collectively “Dräger US”). Scope The policy shall affect all Dräger US employees (employee includes part and full time; temporary and permanent) and contractors.
Confidential. Attorney Client Privileged.

3. What is a Trade Secret? Definition
A Trade Secret is:
Information that provides economic advantage over competitors.
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4. What is a Trade Secret? Information
What types of information can be protected as a Trade Secret?
Scientific
Technical
Merchandising
Production
Management
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5. What is a Trade Secret? Economic Advantage
When does information provide an economic advantage over competitors?
Ask Yourself:
Would the information be useful to a competitor?
Would the information require significant cost, time and effort to duplicate?
Is the information able to be reverse engineered?
Is the information easily independently developed?
Confidential. Attorney Client Privileged.

6. What is a Trade Secret? Examples
Examples of information that can be protected as a Trade Secret:
Algorithm, e.g. in a patient monitor or gas detection device that improves performance over competitors
Manufacturing process or technique, e.g. for a patient monitor or gas detection device that reduces manufacturing time by half
R&D process or testing device, e.g. for testing a patient monitor that reduces development time in half
Dräger US customer lists
Dräger US pricing lists
Confidential. Attorney Client Privileged.

7. What is a Trade Secret? Examples
Here are several Practical Examples:
Google’s searching algorithm
Thomas’ English Muffin nooks and crannies
The New York Time’s methodology for selecting its Best-Seller List
WD-40 formula
KFC original fried chicken recipe
And the most infamous: the Coca-Cola formula
Confidential. Attorney Client Privileged.

8. Protecting a Trade Secret Reasonable Precautions
Now that we have a Trade Secret, what do we do with it?
Dräger US employees and contractors must take reasonable precautions to protect its secrecy.
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9. Protecting a Trade Secret Employee and Contractor Responsibilities
What reasonable precautions must Dräger US employees and contractors take?
Understand your continuing obligation to keep confidential Dräger US Trade Secrets during and after employment
Complete Training, i.e., New Hire Orientation and CAP
Ensure NDAs are signed when dealing with any third party
Comply with physical security measures, e.g., proper use of badges and signing in visitors
Use company devices for work related matters only
Do not use personal devices for work related matters unless you have complied with Dräger’s Bring Your Own Device Policy
Consult Intellectual Property attorney prior to disclosing information to third parties, e.g. in meetings, presentations, articles, standards submissions
Identify and properly maintain Trade Secrets
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10. Trade Secrets How to Identify a Trade Secret
How do you know if information is a Trade Secret? Start by asking yourself: Do you have information that you think would be valuable to a competitor? Information that would require significant cost, time and effort to duplicate? A process or device that cannot be reverse engineered? If yes, consult with Intellectual Property (IP) attorney.
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11. Trade Secrets Proper Maintenance of a Trade Secret
If IP attorney identifies information as a Trade Secret , how do we properly maintain it?
Conspicuously mark all documents as “Strictly Confidential”
Header, footer or watermark
Store all documents in a Dräger US’s Trade Secret Database
Password protected databases stored on Dräger network
No, we do not need a vault.
Only authorized persons may access Trade Secret Database
Authorized persons = those who “need-to-know” to perform his/her job responsibilities
An authorized person may copy a trade secret only if necessary to perform his/her job responsibilities. All copies shall be promptly destroyed.
Confidential. Attorney Client Privileged.

12. Trade Secrets Trade Secret Misappropriation
Typically, an Employee steals a Company’s trade secret, or misuses it resulting in the secret being stolen. Common examples include:
Employee leaves Company A and begins employment at Competitor Company and discloses trade secret owned by Company A to Competitor Company
Employee leaves Company A and starts own Competitor Company and uses trade secret owned by Company A
Employee of Company A engages Potential Partner and discloses trade secret; Potential Partner uses trade secret
Employee of Company A discloses trade secret at a party with friends after a few drinks; Friend uses trade secret
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13. Trade Secrets Remedies for Trade Secret Misappropriation
If a Trade Secret is stolen, Dräger US can seek:
Monetary damages, including punitive damages
Attorney fees
Injunction (an order to return the stolen information and to stop using the information)
Criminal penalties including a fine and jail time (available in some cases)
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14. Trade Secrets Key Takeaways
Key Takeaways are:
Read and comply with Dräger US’s Trade Secret Policy and other Employment Agreements
Consult with Dräger US’s Intellectual Property attorney to identify and properly maintain Dräger US’s Trade Secrets
Understand your continuing obligation to keep confidential all Dräger US Trade Secrets during and after employment with Dräger US
Confidential. Attorney Client Privileged.

15. Thank You! If you have questions, please contact:
Jessica Ergmann at or
Dewayne Hughes at
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