How To Assess Trade Secret Damages

Managing Intellectual Property
June 2006

Calculating damages in trade secret cases can often be more difficult than in cases involving other IP rights. In “How To Assess Trade Secret Damages,” Marc J. Pensabene and Christopher E. Loh present strategies to help plaintiffs and defendants deal with such damages, and also provide a guide as to how contracts may help potential litigants avoid liability for trade secret damages. Though trade secrets may derive their value from secrecy, the tactics for dealing with trade secret damages need not remain cryptic to be valuable.

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