OUJI-CIV No. 29.5

MISAPPROPRIATION OF TRADE SECRETS — MEASURE OF DAMAGES

A person who misappropriates trade secrets is liable for damages to the owner of

the trade secrets. If you decide that Defendant [name] misappropriated trade secrets

OUJI 3d (Rev. 2009) Chapter 29

from Plaintiff [name], you must then fix the amount of damages. This is the amount of

money that:

1. Would be a reasonable royalty for Defendant’s disclosure/use of the trade

secrets;

OR

2. Will reasonably and fairly compensate Plaintiff for:

A. The actual loss caused by the misappropriation; and

B. The net profit or other benefit that Defendant unjustly received from the

misappropriation to the extent that it is not taken into account in calculating the actual

loss to Plaintiff; whichever of 1 or 2 is the greater.