(1) Except to the extent that a material and prejudicial change of position prior
to acquiring knowledge or reason to know of misappropriation renders a monetary recovery
inequitable, a complainant shall be entitled to recover damages for misappropriation. Damages may include both the actual loss caused by misappropriation and the unjust
enrichment caused by misappropriation that is not taken into account in computing
actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation
may be measured by imposition of liability for a reasonable royalty for a misappropriator's
unauthorized disclosure or use of a trade secret.
(2) If willful and malicious misappropriation exists, the court may award exemplary
damages in an amount not exceeding twice any award made under subsection (1).
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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