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AMI 2601 Definition—Misappropriation

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2601
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 26. Trade Secrets
AMI 2601 Definition—Misappropriation
When I use the word “misappropriation” in these instructions, I mean:
(A) Acquisition of another person's trade secret, by a person who knows or has reason to know that the trade secret was acquired by improper means; [or]
(B) Disclosure or use of a trade secret belonging to another person, without express or implied consent, by a person who:
(a) Used improper means to acquire knowledge of the trade secret; [or]
(b) At the time of disclosure or use, knew or had reason to know that [his][her][its] knowledge of the trade secret was:
(i) Derived from or through a person who had utilized improper means to acquire it; [or]
(ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; [or]
(iii) Derived from or through a person who owed a duty to [plaintiff] to maintain its secrecy or limit its use; [or]
(c) Acquired the information by accident or mistake, and, before a material change of [his][her][its] position, knew or had reason to know it was a trade secret.
NOTE ON USE
Use either paragraph A or B, or both, as warranted by the evidence.
Use the appropriate clauses of paragraph B as warranted by the evidence.
COMMENT
This instruction is based on Ark. Code Ann. § 4-75-601.
The disclosure or use of a trade secret may result in liability, as they are separate and distinct claims. Southwestern Energy Co. v. Eickenhorst, 955 F. Supp. 1078 (W.D. Ark. 1997), aff'd, mem. 175 F.3d 1025 (8th Cir. 1999).
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