In Part I of this article, we recapped some of the most notable trade secret cases of the past year that dealt with issues such as proving secrecy and exercising reasonable efforts, as well as the publication of a key judicial resource for trade secret cases.
On May 25, 2023, the U.S. Court of Appeals for the Second Circuit in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Grp., Inc. issued a ruling severely.
avoided costs theory of unjust enrichment gaining such traction that in recent decision out of Southern District of California, parties did not contest availability of avoided costs, and court accepted it viable remedy without dispute. Medimpact Healthcare Sys. v IQVIA Inc.
Should a defendant found liable for stealing trade secrets have to fork over all of the research and development costs it theoretically avoided by misappropriating the secrets?