ClearOne Communications v. Chiang
Court distinguishes between reasonable certainty standard required in lost profits cases from mathematical certainty required in award of prejudgment interest.
Children's Broadcasting Corporation v. The Walt Disney Company, et al. (III)
The U.S. Court of Appeals for the Eighth Circuit determined that a jury correctly determined the amount of Children’s Broadcasting’s damages in this breach of contract/misappropriation of a trade secret case.
Damages for Misappropriation of a Trade Secret Calculated Using the Discounted Cash Flow Method
The U.S. Court of Appeals for the Eighth Circuit determined that a jury correctly determined the amount of Children’s Broadcasting’s damages in this breach of contract/misappropriation of a trade secret case.
McRoberts Software, Inc. v. Media 100, Inc.
The U.S. Court of Appeals for the Seventh Circuit affirmed a jury's award of lost profits and actual damages in McRoberts suit for copyright infringement, trade secret misappropriation and breach of contract. McRoberts developed software to run on a Macin ...
Infinity Products, Inc. v. Herbert Quandt and Fabri-Tech, Inc.
The Indiana Court of Appeals affirmed a lost profits award for misappropriation of trade secrets. The court rejected the position that because Infinity had entered the business by acquisition, it should be precluded from recovering lost profits because i ...
Shonda Brown, et al. v. Ruallam Enterprises, Inc. (II)
The Arkansas Court of Appeals adjusted an award of the wrongdoer’s profits to reflect commission, telephone and salary expenses that were not considered in the lower court’s determination in this misappropriation of trade secrets case. It also affirmed t ...
Cacique, Inc., et al v. Stella Foods, Inc., et al
The California Court of Appeals, Second District affirmed a jury’s determination of lost profits. The lost profits award was based on expert testimony. The expert measured Cacique’s actual loss by showing that, but for the extraordinary advertising costs ...
Lost Profits Recoverable for Misappropriation of Trade Secret
The Wisconsin Supreme Court concluded that World Wide could recover lost profits for Mikulsky’s manufacture and marketing of a defective product incorporating World Wide’s trade secret under Wisconsin’s version of the Uniform Trade Secrets Act.
World Wide Prosthetic Supply, Inc. v. Robert J. Mikulsky
The Wisconsin Supreme Court concluded that World Wide could recover lost profits for Mikulsky’s manufacture and marketing of a defective product incorporating World Wide’s trade secret under Wisconsin’s version of the Uniform Trade Secrets Act.
Michelle Frantz, et al. v. Charles R. Johnson
The Nevada Supreme Court remanded a calculation of lost profits for exclusion of losses outside of the liability period determined by the lower court in this misappropriation of a trade secret case. Johnson's expert calculated lost sales of gaming cards ...
Saforo & Associates, et al. v. Porocel Corporation
The Arkansas Court of Appeals ruled, on an issue of first impression, that the appropriate measure of damages for misappropriation of a trade secret is either the infringer's actual profits or the plaintiff's lost profits, whichever is greater.
Celeritas Technologies, Ltd. v. Rockwell International Corporation
The Federal Circuit affirmed a jury's damage award for patent infringement and breach of agreement to share communications technology. The damages were based on a hypothetical lump-sum paid-up license, whose fee was determined using the royalty rate comm ...
Ed Nowogroski Insurance v. Reick, et al.
The Washington Court of Appeals affirmed and reversed the trial court's determination of damages for misappropriation of client lists under the Uniform Trade Secrets Act. Three insurance agents left Nowogrowski, merged with another firm, and solicited N ...