4407. Misappropriation by Use

4407. Misappropriation by Use Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 [Name of defendant] misappropriated [name of plaintiff]'s trade secret[s] by use if [name of defendant] 1. 2. used [it/them] without [name of plaintiff]'s consent; and [did any of the following:] [insert one or more of the following:] [acquired knowledge of the trade secret[s] by improper means][./; or] [at the time of use, knew or had reason to know that [his/her/its] knowledge of [name of plaintiff]'s trade secret[s] came from or through [name of third party], and that [name of third party] had previously acquired the trade secret[s] by improper means][./; or] [at the time of use, knew or had reason to know that [his/her/its] knowledge of [name of plaintiff]'s trade secret[s] was acquired under circumstances creating a legal obligation to limit use of the [select short term to describe, e.g., information]][./; or] [at the time of use, knew or had reason to know that [his/her/its] knowledge of [name of plaintiff]'s trade secret[s] came from or through [name of third party], and that [name of third party] had a duty to [name of plaintiff] to limit use of the [e.g., information]][./; or] [Before a material change of [his/her/its] position, knew or had reason to know that [it was/they were] [a] trade secret[s] and that knowledge of 4407. Misappropriation by Use Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 [it/them] had been acquired by accident or mistake.] ________________________________________________________________________________ New December 2007; Revised December 2010