59.1-338 - Damages. - Virginia Statutes

§ 59.1-338. Damages.

A. Except where the user of a misappropriated trade secret has made amaterial and prejudicial change in his position prior to having eitherknowledge or reason to know of the misappropriation and the court determinesthat a monetary recovery would be inequitable, a complainant is entitled torecover damages for misappropriation. Damages can include both the actualloss caused by misappropriation and the unjust enrichment caused bymisappropriation that is not taken into account in computing actual loss. Ifa complainant is unable to prove a greater amount of damages by other methodsof measurement, the damages caused by misappropriation can be measuredexclusively by imposition of liability for a reasonable royalty for amisappropriator's unauthorized disclosure or use of a trade secret.

B. If willful and malicious misappropriation exists, the court may awardpunitive damages in an amount not exceeding twice any award made undersubsection A of this section, or $350,000 whichever amount is less.

(1986, c. 210; 1990, c. 344.)