Trade Secrets Lose Value When Secrecy is Lost: Calculating Damages
Tuesday, March 16, 2021 Whether under the federal Defend Trade Secrets Act (“DTSA”) or under state law uniform trade secrets acts (“UTSA”), assessing monetary damages in trade secret misappropriation cases is rarely easy. By definition, trade secrets lose their value once they lose their secrecy, but the lost value is often difficult to monetize. Calculating damages for misappropriation should account for the lost value of the trade secret “asset,” but courts often lose sight of this calculus in fixing damages. Lost profits, unjust enrichment, and reasonable royalt...
Source: natlawreview.com