As used in this chapter, 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:
(i) 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
(ii) 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; or
(B) At the time of disclosure or use, knew or had reason to know, that his or her 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 or her 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:
(i) 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
(ii) Is the subject of efforts that are reasonable under the circumstances to maintain
its secrecy.
Notes of Decisions
Alifax Holding Spa v. Alcor Sci. Inc., 357 F. Supp. 3d 147 (D.R.I. 2019).
· cites it 9× “Can Italian Law Govern Frappa's Duty of Secrecy? In Count II, Alifax alleges that Alcor and Frappa violated the Rhode Island Uniform Trade Secrets Act ("RIUTSA"), R.I. Gen. Laws § 6-41-1 et seq. , by misappropriating its trade secrets.”
Astro-Med, Inc. v. Nihon Kohden Am., Inc., 591 F.3d 1 (1st Cir. 2009).
· cites it 3× “Astro-Med's misappropriation claim arises under the Rhode Island Uniform Trade Secrets Act, R.I. Gen. Laws § 6-41-1 et seq., which defines "misappropriation" as follows: (i) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade…”
Providence Journal Co. v. Convention Ctr. Auth., 774 A.2d 40 (R.I. 2001).
· cites it 2× “General Laws 1956 § 6-41-1(D) defines a trade secret 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…”
R.J. Carbone Co. v. Regan, 582 F. Supp. 2d 220 (D.R.I. 2008).
· cites it 4× “Carbone Company’s (“Car-bone”) motion for a preliminary injunction and Defendants’ motions to dismiss or transfer for lack of personal jurisdiction, improper venue, and failure to state a claim with respect to R.I. Gen. Laws § 6-41-1. Carbone seeks to bar former employee Timothy…”
Magnum Def., Inc. v. Harbour Grp. Ltd., 248 F. Supp. 2d 64 (D.R.I. 2003).
· cites it 4× “See R.I. Gen. Laws § 6-41-1(2). Second, a person misappropriates a trade secret if he discloses or uses the secret when he (1) used improper means to acquire knowledge of the secret; (2) knew or had reason to know that the secret had been acquired by improper means; or (3) knew…”
Read & Lundy, Inc. v. Brier (In Re Brier), 274 B.R. 37 (Bankr. D. Mass. 2002).
“R.I. Gen.Laws § 6-41-1(B). “[I]mproper means,” according to the Act “includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy.”
APG, Inc. v. MCI Telecomm. Corp., 436 F.3d 294 (1st Cir. 2006).
“See R.I. Gen. Laws § 6-41-1. The magistrate judge concluded that the information at issue — including certain technical details concerning CVS’s needs and the fact that Jacobs was urgently seeking answers to her questions — did not qualify as protected trade secrets.”
Nestle Food Co. v. Miller, 836 F. Supp. 69 (D.R.I. 1993).
“Rhode Island General Laws § 6-41-1 et seq. It is unnecessary to reach this analysis, however, because I have found that Nestle is entitled to the full extent of equitable relief available under its breach of contract claim.”
— R.I. Gen. Laws § 6-41-1(1) — 2 cases
Alifax Holding Spa v. Alcor Sci. Inc., 357 F. Supp. 3d 147 (D.R.I. 2019).
“Can Italian Law Govern Frappa's Duty of Secrecy? In Count II, Alifax alleges that Alcor and Frappa violated the Rhode Island Uniform Trade Secrets Act ("RIUTSA"), R.I. Gen. Laws § 6-41-1 et seq. , by misappropriating its trade secrets.”
— R.I. Gen. Laws § 6-41-1(2) — 3 cases
Astro-Med, Inc. v. Nihon Kohden Am., Inc., 591 F.3d 1 (1st Cir. 2009).
“Astro-Med's misappropriation claim arises under the Rhode Island Uniform Trade Secrets Act, R.I. Gen. Laws § 6-41-1 et seq., which defines "misappropriation" as follows: (i) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade…”
Magnum Def., Inc. v. Harbour Grp. Ltd., 248 F. Supp. 2d 64 (D.R.I. 2003).
“See R.I. Gen. Laws § 6-41-1(2). Second, a person misappropriates a trade secret if he discloses or uses the secret when he (1) used improper means to acquire knowledge of the secret; (2) knew or had reason to know that the secret had been acquired by improper means; or (3) knew…”
— R.I. Gen. Laws § 6-41-1(2)(i) — 1 case
Alifax Holding Spa v. Alcor Sci. Inc., 357 F. Supp. 3d 147 (D.R.I. 2019).
“Can Italian Law Govern Frappa's Duty of Secrecy? In Count II, Alifax alleges that Alcor and Frappa violated the Rhode Island Uniform Trade Secrets Act ("RIUTSA"), R.I. Gen. Laws § 6-41-1 et seq. , by misappropriating its trade secrets.”
— R.I. Gen. Laws § 6-41-1(2)(ii)(B) — 1 case
Alifax Holding Spa v. Alcor Sci. Inc., 357 F. Supp. 3d 147 (D.R.I. 2019).
“Can Italian Law Govern Frappa's Duty of Secrecy? In Count II, Alifax alleges that Alcor and Frappa violated the Rhode Island Uniform Trade Secrets Act ("RIUTSA"), R.I. Gen. Laws § 6-41-1 et seq. , by misappropriating its trade secrets.”
— R.I. Gen. Laws § 6-41-1(2)(ii)(B)(III) — 1 case
Alifax Holding Spa v. Alcor Sci. Inc., 357 F. Supp. 3d 147 (D.R.I. 2019).
“Can Italian Law Govern Frappa's Duty of Secrecy? In Count II, Alifax alleges that Alcor and Frappa violated the Rhode Island Uniform Trade Secrets Act ("RIUTSA"), R.I. Gen. Laws § 6-41-1 et seq. , by misappropriating its trade secrets.”
— R.I. Gen. Laws § 6-41-1(4) — 6 cases
Alifax Holding Spa v. Alcor Sci. Inc., 357 F. Supp. 3d 147 (D.R.I. 2019).
“Can Italian Law Govern Frappa's Duty of Secrecy? In Count II, Alifax alleges that Alcor and Frappa violated the Rhode Island Uniform Trade Secrets Act ("RIUTSA"), R.I. Gen. Laws § 6-41-1 et seq. , by misappropriating its trade secrets.”
— R.I. Gen. Laws § 6-41-1(4)(i) — 1 case
— R.I. Gen. Laws § 6-41-1(B) — 1 case
Read & Lundy, Inc. v. Brier (In Re Brier), 274 B.R. 37 (Bankr. D. Mass. 2002).
“R.I. Gen.Laws § 6-41-1(B). “[I]mproper means,” according to the Act “includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy.”
— R.I. Gen. Laws § 6-41-1(D) — 1 case
Providence Journal Co. v. Convention Ctr. Auth., 774 A.2d 40 (R.I. 2001).
“General Laws 1956 § 6-41-1(D) defines a trade secret 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…”
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