317 Ga. App. 47, 730 S.E.2d 708, 2012 Ga. App. LEXIS 686 (2012).
Pricing data of bidder. — Bidder on a public project failed to provide any evidence to support the bidder’s claim that the detailed pricing information in the bidder’s unredacted price proposal would enable a competitor to deduce how the bidder designed the bidder’s systems and, therefore, merited protection under the trade secrets exemption to the Open Records Act, O.C.G.A. § 50-18-72(b)(1). State Rd. & Tollway Auth. v. Elec. Transaction Consultants Corp., 306 Ga. App. 487, 702 S.E.2d 486, 2010 Ga. App.
Misuse of information by franchisor. — In an action by a franchisee against a franchisor, evidence that the franchisor misused information acquired from the franchisee by legitimate means precluded summary judgment. Camp Creek Hospitality Inns, Inc. v. Sheraton Franchise Corp., 139 F.3d 1396, 1998 U.S. App. LEXIS 8337 (11th Cir. 1998).
Protectable trade secret. — District court erred in ruling that the subscriber assistance program (SAP) was not described concretely enough to constitute a trade secret, as a jury could reasonably find that the SAP included as components a one-time/out-of-cycle phone upgrade and a corresponding pricing model and that the entire SAP was a protectable trade secret. Further, as the phone upgrade component was non-existent in the industry at the time, the inclusion of that component might have created a trade secret. Subscriber Holdings, LLC v. Brightstar Corp., No. 21-12985, 2022 U.S. App. LEXIS 35963 (11th Cir. Dec. 30, 2022).
(a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in appropriate circumstances for reasons including, but not limited to, an elimination of commercial advantage that otherwise would be derived from the misappropriation or where the trade secret ceases to exist due to the fault of the enjoined
party or others by improper means.
(b) In exceptional circumstances, if the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunc-
tion inequitable.
(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
(d) In no event shall a contract be required in order to maintain an action or to obtain injunctive relief for misappropriation of a trade
secret.