11th Cir. Pattern Jury Instr. (Civil) 11.2

[Name of defendant] claims that [name of plaintiff] ’s lawsuit was not filed

within the time set by law , which is within three years after the claimed

misappropriation occurred. To succeed on this defense, [name of defendant] must

prove that the claimed misappropriation of [name of plaintiff]’s trade secret(s)

occurred before [insert date three years before date of filing]. The law considers a

continuing misappropriation as a single misappropriation. Therefore, you should

determine whether the claimed misappropriation is a single misappropriation that

began before or after [insert date three years before date of filing].

However, the lawsuit was still filed by [name of plaintiff] on time if [name

of plaintiff] proves that before [insert date three years before date of filing], [name

of plaintiff] did not discover, nor with reasonable diligence should have

discovered, the claimed misappropriation of [name of plaintiff]’s trade secret(s).

SPECIAL INTERROGATORIES TO THE JURY

Do you find by a preponderance of the evidence that:

1. [Name of plaintiff] discovered, or should have discovered through

the exercise of reasonable diligence, before [insert date three years before

the date of filing] about the claimed misappropriation?

Answer Yes or No _____________

If your answer is “Yes ,” this ends your deliberations, and your

foreperson should sign and date the last page of this verdict form. If your

answer is “No,” go to the next question.