4401. Misappropriation of Trade Secrets Essential Factual Elements

4401. Misappropriation of Trade Secrets--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims [name of defendant] has misappropriated a trade secret. To succeed on this claim, [name of plaintiff] must prove all of the following: 1. That [name of plaintiff] [owned/was a licensee of] [the following:] [describe each item claimed to be a trade secret that is subject to the misappropriation claim]; That [this/these] [select short term to describe, e.g., information] [was/were] [a] trades secret[s] at the time of the misappropriation; That [name of defendant] improperly [acquired/used/ [or] disclosed] the trade secret[s]; That [[name of plaintiff] was harmed/ [or] [name of defendant] was unjustly enriched]; and That [name of defendant]'s [acquisition/use/ [or] disclosure] was a substantial factor in causing [[name of plaintiff]'s harm/ [or] [name of defendant] to be unjustly enriched]. 2. 3. 4. 5. ________________________________________________________________________________ New December 2007; Revised December 2010, December 2014