§ 5302. Definitions.
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:
"Improper means." Includes, but is not limited to, theft, bribery, misrepresentation, breach or inducement
of a breach of a duty to maintain secrecy or espionage through electronic or other
means.
"Misappropriation." Includes:
(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:
(i) used improper means to acquire knowledge of the trade secret;
(ii) 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;
(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
(iii) 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." A natural person, corporation, business trust, estate, trust, partnership, association,
joint venture, government, governmental subdivision or agency or any other legal or
commercial entity.
"Trade secret." Information, including a formula, drawing, pattern, compilation including a customer
list, 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.
(2) Is the subject of efforts that are reasonable under the circumstances to maintain
its secrecy.
"Willful and malicious." Such intentional acts or gross neglect of duty as to evince a reckless indifference
of the rights of others on the part of the wrongdoer, and an entire want of care so
as to raise the presumption that the person at fault is conscious of the consequences
of his carelessness.
Notes of Decisions
Synthes, Inc. v. Emerge Med., Inc., 25 F. Supp. 3d 617 (E.D. Pa. 2014).
· cites it 5× “¶¶ 227-36); (5) misappropriation of trade secrets under Pennsylvania common law and the Pennsylvania Uniform Trade Secrets Act, 12 Pa.C.S. § 5302 et seq., against all Defendants (id.”
Parsons v. Pennsylvania Higher Educ. Assistance Agency, 910 A.2d 177 (Pa. Commw. Ct. 2006).
· cites it 4× “Noting that Pennsylvania adopted the Trade Secrets Act in 2004, Wiley quoted the definition of "trade secret" in 12 Pa. C.S. § 5302, which states: Information, including a formula, drawing, pattern, compilation including a customer list, program, device, method, technique or…”
Commonwealth v. Eiseman, 85 A.3d 1117 (Pa. Commw. Ct. 2014).
· cites it 3× “12 Pa.C.S. § 5302. This Court recognized the Trade Secrets Act as a statutory exemption from disclosure in Parsons v.”
Advanced Fluid Sys., Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Penn. 2014).
· cites it 3× “” 12 Pa. Cons.Stat. § 5302. It further defines “trade secret” as: Information, including a formula, drawing, pattern, compilation including a customer list, program, device, method, technique or process that: 1.”
Jazz Pharm., Inc. v. Synchrony Grp., LLC, 343 F. Supp. 3d 434 (E.D. Pa. 2018).
· cites it 2× “§ 1839 (5) ; 12 Pa. Cons. Stat. Ann. § 5302 ). A trade secret may consist of "any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.”
Heraeus Med. GMBH v. Esschem Inc, 927 F.3d 727 (3rd Cir. 2019).
· cites it 2× “" 12 Pa. Cons. Stat. § 5302 (2)(ii)(C). In other words, the limitations period would only begin to run once Heraeus discovered sufficient facts to make it reasonably aware not only that Esschem used Heraeus' trade secrets without Heraeus' consent, but also that Esschem knew or…”
Advanced Fluid Sys., Inc. v. Huber, 381 F. Supp. 3d 362 (M.D. Penn. 2019).
· cites it 2× “" 12 Pa. Cons. Stat. § 5302 . Second , AFS seemingly misconstrues the court's observation, in declining to award exemplary damages against the Livingston defendants, that their misappropriative motives "were purely competitive.”
WMI Grp., Inc. v. Fox, C., 109 A.3d 740 (Pa. Super. Ct. 2015).
· cites it 3× “12 Pa.C.S. § 5302; Iron Age Corp. v. Dvorak, 880 A.”
— 12 Pa. Cons. Stat. § 5302(1) — 3 cases
Synthes, Inc. v. Emerge Med., Inc., 25 F. Supp. 3d 617 (E.D. Pa. 2014).
“¶¶ 227-36); (5) misappropriation of trade secrets under Pennsylvania common law and the Pennsylvania Uniform Trade Secrets Act, 12 Pa.C.S. § 5302 et seq., against all Defendants (id.”
— 12 Pa. Cons. Stat. § 5302(2) — 1 case
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