PJC Business 2024

PJC 111.2

M ISAPPROPRIATION OF T RADE S ECRETS

PJC 111.2

Question and Instructions on Trade-Secret Misappropriation

If you answered “Yes” for any part of Question ______ [ 111.1 ], then answer the following question as to that part. Otherwise, do not answer the following question. QUESTION ______ Did Don Davis misappropriate Paul Payne ’s trade secret? To find misappropriation of a trade secret, you must find that Don Davis — [ acquired the trade secret, and that Don Davis knew or had reason to know that the trade secret was acquired by improper means; or ] [ disclosed or used the trade secret without Paul Payne ’s express or implied consent, and that Don Davis used improper means to acquire knowledge of the trade secret; or ] [ disclosed or used the trade secret without Paul Payne ’s express or implied consent, and that Don Davis , at the time of the disclosure or use, knew or had reason to know that his knowledge of the trade secret was derived from or through a person who had used improper means to acquire it; or ] [ disclosed or used the trade secret without Paul Payne ’s express or implied consent, and that Don Davis , at the time of the disclosure or use, knew or had reason to know that his knowledge of the trade secret was acquired under cir cumstances giving rise to a duty to maintain its secrecy or limit its use; or ] [ disclosed or used the trade secret without Paul Payne ’s express or implied consent, and that Don Davis , at the time of the disclosure or use, knew or had reason to know that his knowledge of the trade secret was derived from or through a person who owed a duty to Paul Payne to maintain its secrecy or limit its use; or ] [ disclosed or used the trade secret without Paul Payne ’s express or implied consent, and that Don Davis knew or had reason to know, before a material change of his position, that it was a trade secret and that knowledge of it had been acquired by accident or mistake. ] “Improper means” [[ is/are ] theft; bribery; misrepresentation; breach or inducement of a breach of a duty to maintain secrecy, to limit use, or to prohibit discovery of a trade secret; or espionage through electronic or other means ]. Answer “Yes” or “No” for each trade secret.

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