As used in the Uniform Trade Secrets Act, unless the context requires otherwise: 1. "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. 2. "Misappropriation" means: a. 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 b. disclosure or use of a trade secret of another without express or implied consent by a person who: (1) used improper means to acquire knowledge of the trade secret; or (2) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was: (a) derived from or through a person who had utilized improper means to acquire it; or (b) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (3) 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. 3. "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture,
government, governmental subdivision or agency, or any other legal or commercial entity. 4. "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process, that: a. 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 b. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Added by Laws 1986, c. 85, § 2, eff. Nov. 1, 1986.
Notes of Decisions
Double Eagle Alloys v. Hooper, 134 F.4th 1078 (10th Cir. 2025).
· cites it 6× “; violation of the Oklahoma Uniform Trade Secrets Act (OUTSA), Okla. Stat. tit. 78, § 86 ; misappropriation of business information; and civil conspiracy.”
Musket Corp. v. Star Fuel of Oklahoma, 606 F. App'x 439 (10th Cir. 2015).
“” Okla. Stat. tit. 78, § 86 (2)(a). And the phrase *452 “improper means” includes “breach of a duty to maintain secrecy.”
Micro Consulting, Inc. v. Zubeldia, 813 F. Supp. 1514 (W.D. Okla. 1990).
“acquired under circumstances giving rise to a duty to maintain its secrecy or limit is use____” 78 O.S. § 86(2)(b)(2)(b). 66. Proving the existence of this element likewise requires proof of subelements: acquisition by a person who is privileged to the information by reason of…”
Pre-Paid Legal Servs., Inc. v. Cahill, 924 F. Supp. 2d 1281 (E.D. Okla. 2013).
“” Okla. Stat. tit. 78, § 86 (4). Further, misappropriation is defined by statute as “disclosure or use of a trade secret of another without express or implied consent by a person who .”
iBall Instruments LLC v. Butler (W.D. Okla. 2024).
· cites it 2× “§ 1839 (3) (trade secret), with Okla. Stat. tit. 78, § 86 (4) (trade secret); also compare 18 U.”
In Re: Amendments to the Oklahoma Unif. Jury Instructions, 2014 OK 17 (Okla. 2014).
· cites it 3× “Comments 78 O.S. 2011 § 86(1) defines improper means as follows: "'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.”
Magnesium Mach., LLC v. Terves, LLC (6th Cir. 2021).
“61; Okla. Stat. tit. 78, § 86 . “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; and does not include .”
ATS Grp. LLC v. Legacy Tank & Indus. Servs. LLC (W.D. Okla. 2019).
“As the court noted in a case involving a single former employee and a number of allegedly misappropriated trade secrets: 7 The Oklahoma Uniform Trade Secrets Act, Okla. Stat. tit. 78 § 86(4) uses a similar definition: 4.”
Prof'l Value Internet Servs. LLC v. Cent. Rural Elec. Coop. (W.D. Okla. 2023).
“18 For the purposes of this motion, CREC doesn’t challenge ProValue’s assertion that its customer lists, lists of potential customers, customer preferences, pricing information, and internal financial data are “trade secrets” under federal and state law.”
Oil States Indus., Inc v. Nambakam (Bankr. W.D. Okla. 2021).
“Their obstinance continued, and the State Court ultimately granted default judgment as a sanction for their conduct, finding Debtor and his co-defendants liable on each of Oil States’ claims, including misappropriation of Trade Secrets under Okla. Stat. tit. 78, § 86 (4) and…”
— Okla. Stat. tit. 78, § 86(1) — 1 case
In Re: Amendments to the Oklahoma Unif. Jury Instructions, 2014 OK 17 (Okla. 2014).
“Comments 78 O.S. 2011 § 86(1) defines improper means as follows: "'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.”
— Okla. Stat. tit. 78, § 86(2) — 1 case
In Re: Amendments to the Oklahoma Unif. Jury Instructions, 2014 OK 17 (Okla. 2014).
“Comments 78 O.S. 2011 § 86(1) defines improper means as follows: "'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.”
— Okla. Stat. tit. 78, § 86(2)(b)(2)(b) — 1 case
Micro Consulting, Inc. v. Zubeldia, 813 F. Supp. 1514 (W.D. Okla. 1990).
“acquired under circumstances giving rise to a duty to maintain its secrecy or limit is use____” 78 O.S. § 86(2)(b)(2)(b). 66. Proving the existence of this element likewise requires proof of subelements: acquisition by a person who is privileged to the information by reason of…”
— Okla. Stat. tit. 78, § 86(4) — 3 cases
ATS Grp. LLC v. Legacy Tank & Indus. Servs. LLC (W.D. Okla. 2019).
“As the court noted in a case involving a single former employee and a number of allegedly misappropriated trade secrets: 7 The Oklahoma Uniform Trade Secrets Act, Okla. Stat. tit. 78 § 86(4) uses a similar definition: 4.”
In Re: Amendments to the Oklahoma Unif. Jury Instructions, 2014 OK 17 (Okla. 2014).
“Comments 78 O.S. 2011 § 86(1) defines improper means as follows: "'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.”
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