4412. Independent Economic Value Explained

4412. "Independent Economic Value" Explained Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Select short term to describe, e.g., Information] has independent economic value if it gives the owner an actual or potential business advantage over others who do not know the [e.g., information] and who could obtain economic value from its disclosure or use. In determining whether [e.g., information] had actual or potential independent economic value because it was secret, you may consider the following: (a) The extent to which [name of plaintiff] obtained or could obtain economic value from the [e.g., information] in keeping [it/them] secret; (b) The extent to which others could obtain economic value from the [e.g., information] if [it were/they were] not secret; (c) The amount of time, money, or labor that [name of plaintiff] expended in developing the [e.g., information]; (d) The amount of time, money, or labor that [would be/was] saved by a competitor who used the [e.g., information]; [(e) [Insert other applicable factors].] The presence or absence of any one or more of these factors is not necessarily determinative. ________________________________________________________________________________ New April 2008