Trade Secret Damages

The value of a trade secret reflects its incremental improvement over-and-above non-secret information and what can be achieved with "clean room" development.


Damages for misappropriation of trade secrets are therefore determined relative to outcomes in a but-for hypothetical "but-for" marketplace in which the alleged misappropriating party chooses its best non-misappropriating alternative.


Damages can incorporate the patent holder's lost profits (including lost sales and price erosion, depending on the nature of the "but-for" marketplace), the misappropriating party's unjust enrichment, or a reasonable royalty that emerges from a hypothetical negotiation between a willing licensee and licensor and are informed by their respective non-misappropriating alternatives.  Disgorgement can also be a remedy.


Experienced providing trade secret damages expert testimony and consulting on behalf of plaintiffs and defendants in many industries, including the following.

oil well technology

enterprise software

internet real estate


SAAS software
semiconductor design

semiconductor equipment