417.457. Damages for misappropriation--punitive damages awarded, when. - Missouri Statutes

Damages for misappropriation--punitive damages awarded, when.

417.457. 1. Except to the extent that a material and prejudicialchange of position prior to acquiring knowledge or reason to know ofmisappropriation renders a monetary recovery inequitable, a complainant isentitled to recover damages for misappropriation. Damages can include boththe actual loss caused by misappropriation and the unjust enrichment causedby misappropriation that is not taken into account in computing actualloss. In lieu of damages measured by any other methods, the damages causedby misappropriation may be measured by imposition of liability for areasonable royalty for a misappropriator's unauthorized disclosure or useof a trade secret.

2. If misappropriation is outrageous because of the misappropriator'sevil motive or reckless indifference to the rights of others, the court mayaward punitive damages.

(L. 1995 S.B. 80 & 88 § 4)