PJC Business 2024

PJC 111.1

M ISAPPROPRIATION OF T RADE S ECRETS

COMMENT When to use. PJC 111.1 submits the issue of the existence of one or more trade secrets for misappropriation claims brought under the Texas Uniform Trade Secrets Act (the “Act”), effective September 1, 2013. See Tex. Civ. Prac. & Rem. Code §134A.002. It should be used only if there is a dispute about the existence of a trade secret. Broad-form submission. PJC 111.1 is a broad-form question designed to be accompanied by one or more appropriate instructions. Tex. R. Civ. P. 277 requires that “the court shall, whenever feasible, submit the cause upon broad-form questions.” Tex. R. Civ. P. 277; see Thota v. Young , 366 S.W.3d 678, 689 (Tex. 2012) (rule 277’s use of “whenever feasible” mandates broad-form submission in any or every instance in which it is capable of being accomplished). For further discussion, see PJC 116.2 regarding broad-form issues and the Casteel doctrine. In some cases, such as when only a single trade secret is claimed, a broader question that combines issues of both existence and misappropriation may be feasible. In such cases, the question below may be used: Did Don Davis misappropriate a trade secret owned by Paul Payne ? To find misappropriation of a trade secret, you must find that a trade secret existed that was owned by Paul Payne , and that Don Davis — [Insert applicable instruction(s) regarding improper means of

acquisition, use, or disclosure from PJC 111.2.] [Insert applicable definition instruction(s) from PJC 111.1 above.]

Answer “Yes” or “No.” Answer: _______________

Sample trade secret instructions. The nature of a trade secret is necessarily fact specific. Therefore, the following sample instructions are illustrative only, using hypo thetical situations to give a few examples of how instructions may be worded to sub mit the existence of various types of trade secrets. Sample A The chemical formula for Paul Payne ’s [ widgets ].

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