A Necessary Element For Trade Secret Damages

Law360, New York (October 15, 2009, 12:37 PM EDT) -- It has been well established that there is a distinction between proof of the fact that damages have been sustained and proof of the amount of those damages.

A finding of trade secret misappropriation does not automatically entitle the plaintiff to damages; rather, proof of proximate causation is required. One need not look any further than PFS Distribution Co. v. Raduechel, 2009 U.S. App. LEXIS 16705 (2009) for proof of this.

The Eighth Circuit Court of Appeals in PFS Distribution Co. v. Raduechel upheld the jury’s...
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