CACI No. 4401

Elements

[Name of plaintiff] claims that [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];

2. That [this/these] [select short term to describe, e.g., information]

[was/were] [a] trade secret[s] at the time of the misappropriation;

3. That [name of defendant] improperly [acquired/used/ [or]

disclosed] the trade secret[s];

4. That [[name of plaintiff] was harmed/ [or] [name of defendant] was

unjustly enriched]; and

5. 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].

New December 2007; Revised December 2010, December 2014