Judge Davila’s treatment of trade secrets in his exemplary damages award in BladeRoom v. Emerson echoes substantially similar if not the same themes as Professor Lemley in his “IP Rights” theory of trade secrets
“No,” says the court in BladeRoom v Facebook et al. “Yes,” says the court in O2 Micro v. Monolithic Power.
Can these different results be reconciled and can a rule for apportioning damages between trade secrets be derived from the inquiry? Yes and yes.
BladeRoom v. Facebook et al.
BladeRoom is ND of California…