Prof. Elizabeth Rowe (Florida) has posted a new article on trade secret damages: Unpacking Trade Secret Damages. The article looks at outcomes of about 150 federal trade secret lawsuits that went to trial and received a verdict. These cases are all pre-DTSA and thus in federal court on diversity or supplemental jurisdiction grounds. Prof Rowe found – in my view – a surprisingly low percentage of cases where punitive damages or attorney fees were awarded (~2% and 8% respectively – of cases with an award).
The award distribution is also highly skewed. “[T]en cases account for half of the total damages of the approximately $2.4 billion awarded since 2000.” Top on this list is DuPont’s 2011 award of 900 million against Kolon.