Does a defendant have a right to appeal against a finding that trade secrets are not trade secrets?

the conspiracy and attempt chargesCounts 1, 2, 3, and 5constructively amended the indictment and erroneously allowed the jury to convict on those charges without finding that the trade secrets involved were in fact trade secrets. Defendants waived their right to have this argument reviewed, as they were aware of the case law they now seek to distinguish or rely on, but they nonetheless agreed to the given instructions. Because defendants were "aware of the omitted element" in the instructions (the purported requirement that the trade secret status be proven), they "relinquished [their] right to have it submitted to the jury." United States v. Perez , 116 F.3d 840, 84546 (9th Cir. 1997) (en banc) ("If the defendant has both invited the error, and relinquished a known right, then the error is waived and therefore unreviewable.").