EXEMPLARY DAMAGES AWARD OF $85 MILLION WAS WARRANTED ON SUCCESSFUL COUNTERCLAIM UNDER CALIFORNIA UNIFORM TRADE SECRETS ACT

摘要

An exemplary damages award of $85 million in favor of a competitor, equal to the remitted compensatory damages award, was warranted on its successful counterclaim against a toy manufacturer for trade secrets misappropriation under the California Uniform Trade Secrets Act (CUTSA). The manufacturer had engaged in long-standing reprehensible conduct of encouraging employees to use false pretenses to obtain information about the com- petitors' plans, using the competitor's trade secret information to preempt unreleased products, and reaping $85 million in unjust enrichment, as would have favored granting the requested award in an amount double the compensatory damages award.