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.
The US Court of Appeals for the Second Circuit vacated a damages award, finding that although there was liability for appropriating trade secrets, the trade secret proprietor was only.
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?