Trade Secret Damages


The analysis of trade secret damages requires flexible approaches that fit the specific facts of each matter.  We have a reputation for providing insightful analyses that consider the technologies or information misappropriated, their role, and any measurable financial effects on a business.  Bringing these facts to bear, we often analyze a variety of damage measures that may be applicable to a particular case.  We are sensitive to the relevant case law of the states and circuits that may affect our analysis as well as precedent emerging law under the Defend Trade Secrets Act.

Our damages analyses in trade secret matters have included actual damages in the form of lost profits and price erosion, unjust enrichment, royalties for the use of the trade secrets, and consideration of irreparable harm.  In certain matters, including those involving emerging companies, we have determined increases in business value due to a head start from the use of the trade secrets, saved research and development costs, and unpaid industry standard royalties.

  • Life Sciences

    Determined the damages suffered by an international biotechnology company from the alleged misappropriation of trade secrets related to processes for making DNA strands (oligos), including measurements of the defendant’s head start, saved development costs, and unjust enrichment in the form of equity investment.

  • Consumer Products

    Evaluated the lost profits suffered by a packaging company from the alleged misappropriation of customer, product, and pricing trade secrets by former employees that founded a competing company.

  • Life Sciences

    Determined the unjust enrichment and royalty damages suffered by a biotechnology company from the misappropriation of trade secrets related to a platform that uses rice to express certain human proteins.

  • Industrial Equipment

    Rebutted the damages claimed from the alleged misappropriation of molds and injection molding processes used to make plastic injection products.

  • Medical Devices

    Rebutted the claims of lost profits brought against a leading optical device company from the alleged trade secret misappropriation related to the use of tunable lasers in medical diagnostic equipment.

  • Computer Software & Hardware

    Determined the damages suffered by a digital graphics company from the alleged misappropriation of technical and commercial trade secrets by a former joint venture partner.  Damages measures included saved development costs, lost profits, and a royalty for the use of the confidential information.

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