Calculating damages – Tricks of the trade secret
Abstract: Quantifying damages in trade secret cases can be tricky. Unlike other forms of intellectual property, trade secrets retain their value only as long as they remain secret. Owners of patents, copyrights and trademarks, on the other hand, share their creations with the public in exchange for exclusive rights, for a limited time, to commercialize their work. This article discusses how a plaintiff can maximize damages in trade secret cases, as well as how the defendant can link the plaintiff’s loss to factors other than trade secrets.