misappropriation of trade secrets claim (Texas) · Go Syfert
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misappropriation of trade secrets claim in Texas

7 Texas opinions name it 2 courts 2012–2019 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Twister B v. v. Newton Research Partners, LPgreen
texapp · 2012 · cited in 3 Texas opinions naming this issue, 2013–2019
2 sentences

2019Twister B.V., 364 S.W.3d at 437 ; IBP, Inc. v. Klumpe, 101 S.W.3d 461, 467 (Tex. App.—Amarillo 2001, pet. denied). “[L]iability for a misappropriation of trade secrets claim occurs if one discloses or uses another’s trade secrets, without privilege to do so, if (a) he discovers the secret by improper means, or (b) his disclosure or use constitutes a breach of confidence placed in him by the owner of the secret.” Twister B.V., 364 S.W.3d at 438 .

2019Twister B.V., 364 S.W.3d at 437 ; IBP, Inc. v. Klumpe, 101 S.W.3d 461, 467 (Tex. App.—Amarillo 2001, pet. denied). “[L]iability for a misappropriation of trade secrets claim occurs if one discloses or uses another’s trade secrets, without privilege to do so, if (a) he discovers the secret by improper means, or (b) his disclosure or use constitutes a breach of confidence placed in him by the owner of the secret.” Twister B.V., 364 S.W.3d at 438 .

23
Rusty's Weigh Scales & Service, Inc. v. North Texas Scales, Inc.green
texapp · 2010 · cited in 2 Texas opinions naming this issue, 2013–2013
2 sentences

2013Rusty’s Weigh Scales & Serv., Inc. v. North Tex. Scales, Inc., 314 S.W.3d 105, 109 (Tex. App. – El Paso 2010, no pet.).

2013Rusty’s Weigh Scales & Serv., Inc. v. North Tex. Scales, Inc., 314 S.W.3d 105, 109 (Tex.App.-El Paso 2010, no pet.).

22
Burger King Corp. v. Rudzewiczgreen
scotus · 1985 · cited in 1 Texas opinions naming this issue, 2019–2019
2 sentences

2019See Walden v. Fiore, 571 U.S. 277 , 291 134 S. Ct. 1115, 1126 (2014) (“The proper focus of the minimum contacts inquiry in intentional-tort cases is the relationship among the defendant, the forum, and the litigation.”); see also Burger King, 471 U.S. at 475 , 105 S. Ct. at 2184 ; M&F Worldwide, 512 S.W.3d at 889. 18 The elements of a misappropriation of trade secrets claim are (1) the existence of a trade secret, (2) breach of a confidential relationship or improper discovery of a trade secret, (3) use of the trade secret, and (4) damages.

2019See Walden v. Fiore, 571 U.S. 277 , 291 134 S. Ct. 1115, 1126 (2014) (“The proper focus of the minimum contacts inquiry in intentional-tort cases is the relationship among the defendant, the forum, and the litigation.”); see also Burger King, 471 U.S. at 475 , 105 S. Ct. at 2184 ; M&F Worldwide, 512 S.W.3d at 889. 18 The elements of a misappropriation of trade secrets claim are (1) the existence of a trade secret, (2) breach of a confidential relationship or improper discovery of a trade secret, (3) use of the trade secret, and (4) damages.

11
IBP, Inc. v. Klumpegreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2019–2019
2 sentences

2019Twister B.V., 364 S.W.3d at 437 ; IBP, Inc. v. Klumpe, 101 S.W.3d 461, 467 (Tex. App.—Amarillo 2001, pet. denied). “[L]iability for a misappropriation of trade secrets claim occurs if one discloses or uses another’s trade secrets, without privilege to do so, if (a) he discovers the secret by improper means, or (b) his disclosure or use constitutes a breach of confidence placed in him by the owner of the secret.” Twister B.V., 364 S.W.3d at 438 .

2019Twister B.V., 364 S.W.3d at 437 ; IBP, Inc. v. Klumpe, 101 S.W.3d 461, 467 (Tex. App.—Amarillo 2001, pet. denied). “[L]iability for a misappropriation of trade secrets claim occurs if one discloses or uses another’s trade secrets, without privilege to do so, if (a) he discovers the secret by improper means, or (b) his disclosure or use constitutes a breach of confidence placed in him by the owner of the secret.” Twister B.V., 364 S.W.3d at 438 .

11
Walden v. Fioregreen
scotus · 2014 · cited in 1 Texas opinions naming this issue, 2019–2019
2 sentences

2019See Walden v. Fiore, 571 U.S. 277 , 291 134 S. Ct. 1115, 1126 (2014) (“The proper focus of the minimum contacts inquiry in intentional-tort cases is the relationship among the defendant, the forum, and the litigation.”); see also Burger King, 471 U.S. at 475 , 105 S. Ct. at 2184 ; M&F Worldwide, 512 S.W.3d at 889. 18 The elements of a misappropriation of trade secrets claim are (1) the existence of a trade secret, (2) breach of a confidential relationship or improper discovery of a trade secret, (3) use of the trade secret, and (4) damages.

2019See Walden v. Fiore, 571 U.S. 277 , 291 134 S. Ct. 1115, 1126 (2014) (“The proper focus of the minimum contacts inquiry in intentional-tort cases is the relationship among the defendant, the forum, and the litigation.”); see also Burger King, 471 U.S. at 475 , 105 S. Ct. at 2184 ; M&F Worldwide, 512 S.W.3d at 889. 18 The elements of a misappropriation of trade secrets claim are (1) the existence of a trade secret, (2) breach of a confidential relationship or improper discovery of a trade secret, (3) use of the trade secret, and (4) damages.

11
Sv v. Rvgreen
tex · 1996 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012Twister asserts that because a cause of action accrues when a wrongful act causes some legal injury, citing S.V. v. R.V., 933 S.W.2d 1, 4 (Tex.1996), a misappropriation of trade secrets claim therefore accrues, at the latest, on the first use of the secret.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Hyde Corporation v. Huffines green
tex · 1958
2 sentences

2013Discovery of Trade Secret by Improper Means A misappropriation of trade secrets claim requires proof that the defendant either (1) “discovers the secret by improper means, or [ (2) ] his disclosure or use[, after properly acquiring knowledge of the secret,] constitutes a breach of the confidence reposed in him.” Hyde Corp., 314 S.W.2d at 769 (quoting Restatement (First) of Torts § 757 (1939)); see also Twister B.V., 364 S.W.3d at 438 .

2013Discovery of Trade Secret by Improper Means A misappropriation of trade secrets claim requires proof that the defendant either (1) “discovers the secret by improper means, or [(2)] his disclosure or use[, after properly acquiring knowledge of the secret,] constitutes a breach of the confidence reposed in him.” Hyde Corp., 314 S.W.2d at 769 (quoting RESTATEMENT (FIRST) OF TORTS § 757 (1939)); see also Twister B.V., 364 S.W.3d at 438 .

32012–2013
Moncrief Oil International, Inc. v. Oao Gazprom, Gazprom Export, LLC, and Gazprom Marketing & Trading, Ltd. green
tex · 2013
1 sentence

2017In Moncrief, we held that Texas courts had specific jurisdiction over nonresident defendants with respect to a misappropriation-of-trade-secrets claim where the defendants “attended two Texas meetings with a Texas corporation and accepted [the plaintiffs] alleged trade secrets created in Texas regarding a potential joint venture in Texas with the Texas corporation.” 414 S.W.3d at 154 .

12017–2017

Where else courts name it

NC 12 (2015–2025) CA 9 (2009–2024) TX 7 (2012–2019) NY 6 (2015–2024) DE 5 (2017–2024) OH 4 (2013–2024) WI 2 (2020–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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