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The district court previously granted summary judgment in favor
of the plaintiff, Red Carpet Studio ( Red Carpet ),
finding that Defendants Midwest Trading Group Inc.
( MTG ), Walgreen Company and CVS Pharmacy Inc. infringed
the patent-in-suit. The parties agreed that two issues remained:
(1) determining the relevant article of manufacture,
and (2) calculating the total profit on that article of
manufacture. Red Carpet argued that the district court should
decide the second issue without a
jury because it seeks
right to a
jury
trial.
As the district court explained, determining a damages award
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With the dramatic increase in trade secret cases since the 2016 passage of the Defend Trade Secrets Act (DTSA), and the large damages awards in many of these cases, it is now more crucial than ever to properly understand how to assess and calculate damages in trade secret cases. Trade secrets can mean big business for companies that hold them, and damages awards for trade secret misappropriation can reach into the hundreds of millions of dollars. For example, a jury in a recent New York trade secret misappropriation case awarded the plaintiffs an $855 million verdict.[i] In a recent webinar, Fish attorneys Esha Bandyopadhyay and Tommy Jacks discussed the current landscape of trade secret damages, both under the DTSA and various state laws, as well as some recent developments in trade secrets damages law. Below is a summary of those developments. For more information about trade secrets damages, please find a recording of t
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