Which of the following is exempt from misappropriation claims?

The concept of misappropriation generally refers to the unauthorized use or disclosure of trade secrets or proprietary information. In the context of intellectual property, both independent creation and reverse engineering are recognized as lawful defenses against misappropriation claims.

Independent creation occurs when an individual or entity develops an idea, invention, or product independently without reference to the trade secret in question. For a claim of misappropriation to arise in such cases, there must be evidence that one party accessed the trade secret unlawfully. Since independent creation does not involve wrongful access or utilization of the trade secret, it is exempt from misappropriation claims.

Reverse engineering involves the process of taking apart or analyzing a product to understand its components and functionality, often to create a competing product. As long as the product was acquired lawfully, reverse engineering can be considered a permissible method of learning and innovation. Thus, reverse engineering is also exempt from misappropriation claims because it does not involve the unauthorized use of confidential information.

Since both independent creation and reverse engineering effectively grant immunity from misappropriation claims under the right circumstances, the correct answer encompasses both of these concepts, confirming that they are valid defenses in cases involving trade secrets.