Application of Patent Law Damages Analysis to Trade Secret Misappropriation Claims: Apportionment, Alternatives, and Other Common Limitations on Damages

Part I of this article discusses the case law acknowledging the applicability of patent law precedents in the context of trade secret damage claims. Part II discusses the application of patent law precedents regarding lost profits as a measure of damages. Part III analyzes the applicability of patent law damages principles in the context of unjust enrichment as a measure of damages. Part IV then proceeds to examine how patent law principles are frequently applied in the context of royalty damages.

Part V discusses the case law relating to disaggregation and apportionment of damages in the context of patent and trade secret claims. Part VI discusses certain common limitations on damages based on the relationship between the parties. Part VII analyzes certain limitations relating to the duration of the damages period. Finally, Part VIII offers a brief conclusion.