Ind. Code » Title 24

Ind. Code § 24-2-3-2

Definitions

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     Sec. 2. As used in this chapter, unless the context requires otherwise:

     "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.

     "Misappropriation" means:

(1) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(2) disclosure or use of a trade secret of another without express or implied consent by a person who:

(A) used improper means to acquire knowledge of the trade secret;

(B) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

(i) derived from or through a person who had utilized improper means to acquire it;

(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 the person seeking relief to maintain its secrecy or limit its use; or

(C) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

     "Person" means a natural person, limited liability company, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

     "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.8-1993, SEC.343.

 

Notes of Decisions
Cited in 72 cases (16 in the last 5 years), 1984–2026 · leading case: Infinity Products, Inc. v. Quandt
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Infinity Products, Inc. v. Quandt (2004) ind · cites it 12× “Ind.Code Ann. § 24-2-3-2 (West 1988). [6] It is thus displaced by the provisions of the uniform act.”
Amoco Production Co. v. Laird (1993) ind · cites it 14× “Amoco argues that Ind. Code § 24-2-3-2 , the definitional component of the Indiana Uniform Trade Secrets Act, 1 unambiguously sets forth in part that a trade secret refers to information not known to and “not being readily ascertainable” through proper means by others who can…”
U.S. Land Services, Inc. v. U.S. Surveyor, Inc. (2005) indctapp · cites it 12× “Ind.Code § 24-2-3-2, -3. The Act defines "trade secret" as follows: information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) derives independent economic value, actual or potential, from not being generally known to, and…”
Infinity Products, Inc. v. Quandt (2002) indctapp · cites it 11× “Ind.Code § 24-2-3-2. "Trade secret" is defined as information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) derives independent economic value actual or potential, from not being generally known to, and not being readily…”
Bridgestone Americas Holding, Inc. v. Mayberry (2007) ind · cites it 4× “Ind.Code Ann. § 24-2-3-2 (West 2007). Bridgestone argues that the record demonstrates that the skim stock formula is a trade secret.”
Zemco Manufacturing, Inc. v. Navistar International Transportation Corp. (2001) indctapp · cites it 4× “Ind.Code § 24-2-3-2. This definition has been interpreted by our courts to mean that a protectable trade seeret has four general characteristics: 1) information; 2) deriving independent economic value; 3) not generally known, or readily ascertainable by proper means by others…”
Steve Silveus Insurance, Inc. v. Goshert (2007) indctapp · cites it 4× “Ind.Code § 24-2-3-2. Thus, a protectable trade secret has four characteristics: (1) information, (2) which derives independent economic value, (3) is not generally known, or readily ascertainable by proper means by other persons who can obtain economic value, from its disclosure…”
AGS Capital Corp. v. Product Action International, LLC (2008) indctapp · cites it 4× “Ind.Code § 24-2-3-2. [4] The UTSA was amended in 1985 to "clarif[y] the intent of the 1979 Official Text.”
Ackerman v. Kimball International, Inc. (1995) ind · cites it 4× “The employer based its claim for injunctive relief on two grounds: (1) the Uniform Trade Secrets Act, Indiana Code §§ 24-2-3-2 & 3 (1993) and (2) two covenants made by employee in his employment contract, one not to disclose trade secrets and the other not to compete with…”
Bridgestone/Firestone, Inc. v. Lockhart (1998) insd · cites it 6× “See Ind.Code § 24-2-3-2 (defining “trade secret”).”
Bridgestone Americas Holding, Inc. v. Mayberry (2006) indctapp · cites it 4× “Ind.Code § 24-2-3-2. Thus, a protectable trade secret has four characteristics: (1) information, (2) which derives independent economic value, (8) is not generally known, or readily ascertainable by proper means by other persons who can obtain economic value from its disclosure…”
Hydraulic Exchange & Repair, Inc. v. KM Specialty Pumps, Inc. (1998) indctapp · cites it 4× “The IUT-SA defines “trade secret” as: [I]nformation, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) derives independent economic value, actual or potential, from not being generally known to, and not being readily…”
Show all 72 citing cases →
— Ind. Code § 24-2-3-2(1) — 1 case
Angie's List, Inc. v. Rick Myers, Maggie Leonard, and Brock Crabtree (mem. dec.) (2016) indctapp
— Ind. Code § 24-2-3-2(2)(B) — 1 case
Tecnomatic, S.P.A. v. Remy, Inc. (2013) insd
— Ind. Code § 24-2-3-2(2)(B)(ii) — 1 case
Steenhoven v. College Life Insurance Co. of America (1984) indctapp
— Ind. Code § 24-2-3-2(2)(B)(iii) — 1 case
ALLEN v. AMERICAN COMMERCIAL BARGE LINE (2019) insd
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