PJC Business 2024

M ISAPPROPRIATION OF T RADE S ECRETS

PJC 111.1

Sample B The pattern for Paul Payne ’s [ widgets ]. Sample C The compilation of specified data for the design and production of Paul Payne ’s [ widgets ]. Sample D Paul Payne ’s [ widget ] program. Sample E Paul Payne ’s [ widget ] device. Sample F The method for designing and manufacturing Paul Payne ’s [ wid gets ]. Sample G The technique for designing and manufacturing Paul Payne ’s [ widgets ]. Sample H The process for designing and manufacturing Paul Payne ’s [ wid gets ]. Sample I Paul Payne ’s financial data for his [ widget ] business. Sample J Paul Payne ’s list of actual or potential customers or suppliers for his [ widget ] business. Ownership of trade secret. Effective September 1, 2017, the Act provides that a trade-secret owner is a “person or entity in whom or in which rightful, legal, or equita ble title to, or the right to enforce rights in, the trade secret is reposed.” Tex. Civ. Prac. & Rem. Code §134A.002(3–a). Ownership of a trade secret has been construed to be an element of a misappropriation claim under the Act. St. Jude Medical S.C., Inc. v. Janssen-Counotte , No. A-14-CA-877-SS, 2014 WL 7237411, at *14 (W.D. Tex. Dec. 17, 2014) (applying pre-2017 version of the Act). The Act specifies the extent to which it displaces other Texas law regarding reme dies for misappropriation of trade secrets. Tex. Civ. Prac. & Rem. Code § 134A.007.

411