Utah Code

Utah Code § 13-24-2 (2026)

Definitions

✓ current as of May 2026
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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:
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
disclosure or use of a trade secret of another without express or implied consent by a person who:
used improper means to acquire knowledge of the trade secret; or
at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
derived from or through a person who had utilized improper means to acquire it;
acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
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, 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:
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
is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Notes of Decisions
Cited in 37 cases (19 in the last 5 years), 1999–2026 · leading case: USA Power, LLC v. PacifiCorp, 2016 UT 20 (Utah 2016).
USA Power, LLC v. PacifiCorp, 2016 UT 20 (Utah 2016). · cites it 7× “Ura Copr § 13-24-2(4). 42 . CDC Restoration & Constr.”
Innosys, Inc. v. Mercer, 2015 UT 80 (Utah 2015). · cites it 21× “UTAH CODE § 13-24-2. These elements are at least arguably established under the undisputed facts of this case.”
USA POWER, LLC v. PacifiCorp, 2010 UT 31 (Utah 2010). · cites it 6× “" Utah Code Ann. § 13-24-2 (4)(b). Because the issue before us is whether the Spring Canyon vision can be a trade secret generally, and because the district court did not address section 4(b), we do not discuss whether USA Power took reasonable efforts to maintain the secrecy of…”
Farm Bureau Life Ins. v. Am. Nat'l Ins., 505 F. Supp. 2d 1178 (D. Utah 2007). · cites it 5× “Utah Code Ann. § 13-24-2 (4) (2005). The burden of establishing the existence of a trade secret is the plaintiffs, and there is no presumption in plaintiffs favor.”
CDC Restoration & Constr., LC v. Tradesmen Contractors, LLC, 2012 UT App 60 (Utah Ct. App. 2012). · cites it 2× “Utah Code Ann. § 13-24-2 (4). A proponent of a trade secret must establish both prongs of the test.”
HealthBanc Int'l, LLC v. Synergy Worldwide, Inc., 208 F. Supp. 3d 1193 (D. Utah 2016). · cites it 2× “” Utah Code § 13-24-2(2) (emphasis added). Thus, a party may not be liable for misappropriation under either Act unless it takes, discloses, or uses a trade secret belonging to someone else.”
Utah Med. Prods., Inc. v. Clinical Innovations Assocs., Inc., 79 F. Supp. 2d 1290 (D. Utah 1999). · cites it 2× “Plaintiff alleges that much of the 17,000 pages of documents in the three banker boxes that Wallace took from Utah Medical contained confidential trade secret information. According to one of plaintiffs expert reports, the documents that Wallace took from Utah Medical can be…”
Medspring Grp., Inc. v. Feng, 368 F. Supp. 2d 1270 (D. Utah 2005). · cites it 4× “Utah Code Ann. § 13-24-2 (2)(b)(ii)(B) (2001).”
CDC Restoration & Constr., LC v. Tradesmen Contractors, LLC, 2016 UT App 43 (Utah Ct. App. 2016). · cites it 7× “3d 1013 (quoting Utah Code Ann. § 13-24-2 (LexisNexis 2018)).”
Gen. Water Tech. v. Van Zweden, 2022 UT App 90 (Utah Ct. App. 2022). · cites it 18× “Utah Code Ann. § 13-24-2 (4). “The plaintiff bears the burden of proving the existence of a trade secret” under this definition, “and there is no presumption in his or her favor.”
Phillip M. Adams & Assocs. v. Dell Comput. Corp., 519 F. App'x 998 (Fed. Cir. 2013). · cites it 2× “Utah Code Ann. § 13-24-2 (2) (LexisNexis 2012).”
Brigham Young Univ. v. Pfizer, Inc., 861 F. Supp. 2d 1320 (D. Utah 2012). “§ 13-24-2. . Rivendell Forest Prods., Ltd.”
— Utah Code § 13-24-2(1) — 7 cases
Innosys, Inc. v. Mercer, 2015 UT 80 (Utah 2015). “UTAH CODE § 13-24-2. These elements are at least arguably established under the undisputed facts of this case.”
Farm Bureau Life Ins. v. Am. Nat'l Ins., 505 F. Supp. 2d 1178 (D. Utah 2007). “Utah Code Ann. § 13-24-2 (4) (2005). The burden of establishing the existence of a trade secret is the plaintiffs, and there is no presumption in plaintiffs favor.”
CDC Restoration & Constr., LC v. Tradesmen Contractors, LLC, 2016 UT App 43 (Utah Ct. App. 2016). “3d 1013 (quoting Utah Code Ann. § 13-24-2 (LexisNexis 2018)).”
Crumbl v. Dirty Dough (D. Utah 2023).
— Utah Code § 13-24-2(2) — 7 cases
USA POWER, LLC v. PacifiCorp, 2010 UT 31 (Utah 2010). “" Utah Code Ann. § 13-24-2 (4)(b). Because the issue before us is whether the Spring Canyon vision can be a trade secret generally, and because the district court did not address section 4(b), we do not discuss whether USA Power took reasonable efforts to maintain the secrecy of…”
HealthBanc Int'l, LLC v. Synergy Worldwide, Inc., 208 F. Supp. 3d 1193 (D. Utah 2016). “” Utah Code § 13-24-2(2) (emphasis added). Thus, a party may not be liable for misappropriation under either Act unless it takes, discloses, or uses a trade secret belonging to someone else.”
Gen. Water Tech. v. Van Zweden, 2022 UT App 90 (Utah Ct. App. 2022). “Utah Code Ann. § 13-24-2 (4). “The plaintiff bears the burden of proving the existence of a trade secret” under this definition, “and there is no presumption in his or her favor.”
Crumbl v. Dirty Dough (D. Utah 2023).
— Utah Code § 13-24-2(2)(a) — 1 case
Innosys, Inc. v. Mercer, 2015 UT 80 (Utah 2015). “UTAH CODE § 13-24-2. These elements are at least arguably established under the undisputed facts of this case.”
— Utah Code § 13-24-2(2)(b) — 1 case
Innosys, Inc. v. Mercer, 2015 UT 80 (Utah 2015). “UTAH CODE § 13-24-2. These elements are at least arguably established under the undisputed facts of this case.”
— Utah Code § 13-24-2(2)(b)(ii) — 1 case
— Utah Code § 13-24-2(2)(b)(ii)(B) — 1 case
Innosys, Inc. v. Mercer, 2015 UT 80 (Utah 2015). “UTAH CODE § 13-24-2. These elements are at least arguably established under the undisputed facts of this case.”
— Utah Code § 13-24-2(4) — 11 cases
USA Power, LLC v. PacifiCorp, 2016 UT 20 (Utah 2016). “Ura Copr § 13-24-2(4). 42 . CDC Restoration & Constr.”
USA POWER, LLC v. PacifiCorp, 2010 UT 31 (Utah 2010). “" Utah Code Ann. § 13-24-2 (4)(b). Because the issue before us is whether the Spring Canyon vision can be a trade secret generally, and because the district court did not address section 4(b), we do not discuss whether USA Power took reasonable efforts to maintain the secrecy of…”
Innosys, Inc. v. Mercer, 2015 UT 80 (Utah 2015). “UTAH CODE § 13-24-2. These elements are at least arguably established under the undisputed facts of this case.”
Crumbl v. Dirty Dough (D. Utah 2023).
— Utah Code § 13-24-2(4)(a) — 3 cases
USA Power, LLC v. PacifiCorp, 2016 UT 20 (Utah 2016). “Ura Copr § 13-24-2(4). 42 . CDC Restoration & Constr.”
USA Power v. Pacificorp, 2016 UT 20 (Utah 2016).
— Utah Code § 13-24-2(4)(b) — 3 cases
Sharetown v. Hall (D. Utah 2022).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.