[Panel 5] Monetary Relief in Trade Secret Litigation

[mission statement for corresponding Drafting Team 7: Large damage awards in trade secret litigation capture our attention, but compared to other areas of intellectual property one finds less specific guidance for courts and industry about calculating damages. To an extent this reflects the law’s genesis in tort, expressed more in principles than in rules; but finding common approaches and identifying differences would be helpful. The WG12 Commentary on Monetary Relief in Trade Secret Litigation will focus on clarifying what theories of recovery are generally available, and the variations among state laws; when certain remedies can and cannot be combined; the relationship between royalty determination in trade secret and patent litigation; coordinating remedies for trade secrets misappropriation with related claims under other legal theories; and recommended practices regarding timetables for disclosure of damage claims.]