4420. Affirmative Defense Information Was Readily Ascertainable by Proper Means

4420. Affirmative Defense--Information Was Readily Ascertainable by Proper Means Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] did not misappropriate [name of plaintiff]'s trade secret[s] if [name of defendant] proves that the [select short term to describe, e.g., information] [was/were] readily ascertainable by proper means at the time of the alleged [acquisition/use/ [or] disclosure]. There is no fixed standard for determining what is "readily ascertainable by proper means." In general, information is readily ascertainable if it can be obtained, discovered, developed, or compiled without significant difficulty, effort, or expense. For example, information is readily ascertainable if it is available in trade journals, reference books, or published materials. On the other hand, the more difficult information is to obtain, and the more time and resources that must be expended in gathering it, the less likely it is that the information is readily ascertainable by proper means. ________________________________________________________________________________ New December 2007; Revised December 2009