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
The new Defend Trade Secrets Act (DTSA) became law on May 11, 2016 and applies to any misappropriation that occurs on or after that date.
Although the DTSA creates a federal, civil remedy for trade secret misappropriation, it does not preempt state law. This is going to encourage serious forum shopping, including, among other things, over the right to jury trial.
The federal law cedes to the jury the determination of all possible monetary damages claims. In comparison, the version of the Uniform Trade Secrets Act (UTSA) adopted by California (CUTSA), while giving the jury the issues of lost profits and unjust enrichment, reserves for the trial judge the determination whether and to what extent to award reasonable royalty damages.…