When a plaintiff trade secret owner is successful in proving that its trade secrets were misappropriated, what damages can be recovered?
Traditionally, courts have allowed actual losses caused by the trade secret theft to be recovered – such as the trade secret owner's lost profit - or the misappropriator's unjust enrichment. But, can a trade secret owner also recover the costs the competitor avoided by not having to develop the stolen trade secret? The recent New York Court of Appeals decision in E.J. Brooks v. Cambridge said "no." What are the implications of this case as well as the recent Federal Circuit decision in Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., which held that unjust enrichment damages are to be determined by the court and not a jury? Are these decisions part of a wider shift in how damages in trade secrets should be calculated or minor adjustments in the rules governing how the arguments should be presented and supported?
This webinar will discuss these recent cases and their impact on state trade secret claims as well as claims brought under the DTSA.