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Independent Economic Value

The information must derive independent economic value, actual or potential, from not being generally known and not being readily ascertainable by proper means. RCW 19.108.010(4)(a).

Washington courts examine the effort and expense required to develop the information. Notably, value may inhere in negative results: Ed Nowogroski Ins., Inc. v. Rucker, 137 Wn.2d 427, 438, 971 P.2d 936 (1999) recognizes that "lengthy and expensive research that proves a certain process will not work" can qualify.

The pattern instructions direct the jury to consider the value of the information to the plaintiff and to competitors; the effort or money the plaintiff expended to guard secrecy; the ease or difficulty of acquiring or duplicating the information by proper means; and the degree to which third parties have placed the information in the public domain or rendered it readily ascertainable. WPI 351.05.