FORM 12 JURY INSTRUCTIONS

• Jurisdiction: United States

FORM 12 JURY INSTRUCTIONS QUESTION 1 Trade Secret Misappropriation—Existence

Did [PLAINTIFF] own a trade secret?

To prove its claim for misappropriation of trade secrets, [PLAINTIFF] must first prove its ownership of a protectable trade secret.

A trade secret is any formula, pattern, device, or compilation of information used in one's business, and which gives an opportunity to obtain an advantage over competitors who do not know or use it. It does not include general knowledge, skill, and experience acquired during employment or information generally known and readily available. A "trade secret" may consist of any method or process that:

1. derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means or independent investigation by, other persons who can obtain economic value from its disclosure or use; and
2. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Answer "Yes" or "No"

Answer:__________

QUESTION 2 Trade Secret Misappropriation—Liability

Did [DEFENDANT] misappropriate a trade secret owned by [PLAINTIFF]?

To find misappropriation of a trade secret, [PLAINTIFF] must prove that [DEFENDANT] (1) acquired the trade secret through breach of a confidential relationship or improper means, and (2) used the trade secret without authorization. Misappropriation of a trade secret does not require that the defendant use the secret in exactly the form in which it was received; however, it must be substantially derived therefrom. Liability is avoided when the contribution of the trade secret is slight and the defendant's process can be said to have been derived from other sources.

"Improper means" of acquiring another's trade secrets include theft, fraud, unauthorized interception of communications, inducement of or knowing participation in a breach of confidence (i.e., after acquiring the trade secret from a third person with notice that it was a trade secret and that the disclosure as a breach of that person's duty to Plaintiffs), and other means either wrongful in themselves or wrongful under the circumstances of the case.

"Use" of a trade secret means commercial use, by which a person seeks to profit from the use of the secret.

"Notice" for purposes of this element refers to what Defendants (1) knew or (2) reasonably should have known. To show Defendants reasonably should have known—and thus were on notice—that they acquired a trade...