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Following a finding of misappropriation, a court may also award damages. Where the trade secret is ?willfully and maliciously misappropriated,? a court may award exemplary damages double the damages amount already awarded.
This doctrine holds that a third party is liable when the third party acquires a trade secret from another and then discloses or uses the secret under circumstances where he knows or should have known that the trade secret was wrongfully acquired.
Remedies that may be available Damages for the actual loss. Damages for unjust enrichment. Exemplary damages in cases of willful or malicious misappropriation. Attorney's fees for the prevailing party. Protective orders to preserve secrecy.
Under §1832(a) of the Economic Espionage Act, misappropriating a trade secret used in interstate commerce or foreign commerce may result in fines or imprisonment.
Punitive damages of up to twice the amount of actual loss may be available if the trade secret was willfully and maliciously appropriated. The decision of whether to seek enforcement of your trade secret rights in federal or state court depends on a number of factors.