4716 An action for misappropriation of trade secrets against a defendant who allegedly used the trade secret after learning it had been stolen is separate from the action against one who actually stole it; although plaintiff's action against the alleged user will not succeed unless plaintiff establishes it was used with knowledge that it was misappropriated, the statute of limitations begins to run when plaintiff suspects, or has reason to suspect, defendant is using it.CitationCYPRESS SEMICONDUCTOR v SUPERIOR COURT (Stolen Codes) 163 CA4 575 [See: CivC 3426 etseq; Glue-Fold v Slautterback 82 CA4 1018, T/AT 9/00; Cadence v Avant! 29 C4 215, T/AT 12/02; Fox v Ethicon 35 C4 797, T/AT 6/05]
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