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p0411 Under the Uniform Trade Secrets Act, a plaintiff has the burden of establishing that defendant acquired plaintiff's trade secret by "improper means," the statutory definition of which excludes reverse engineering or independent derivation, so if a defendant claims it acquired by reverse engineering or independent derivation a design plaintiff claims was a trade secret, plaintiff has the burden of proving that defendant did not acquire it in that manner.CitationSARGENT FLETCHER v ABLE CORP (Burden of Proof) 110 CA4 1658 [See: CivC 3426.1; Sada v RFK Medical Ctr 56 CA4 138, T/AT 8/97]
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