US-CA11 · jury_instructions
11th Cir. Pattern Jury Instr. (Civil) 11.5
Trade Secrets – Damages – Exemplary
If you find that [name of defendant] has engaged in willful and malicious
misappropriation of the trade secret, you may award “exemplary” damages, that is,
damages meant to make an example of [name of defendant]. Exemplary damages
may be awarded in an amount not more than two (2) times the amount awarded for
compensatory damages (i.e. the amount awarded for either actual damages plus
unjust enrichment or for a reasonable royalty).
S
PECIAL INTERROGATORIES TO THE JURY
1. Do you find that [name of defendant] willfully and maliciously
misappropriated [name of plaintiff]’s [name of trade secret]?
Answer Yes or No __________
If your answer is “No,” this ends your deliberations, and your
foreperson should sign and date the last page of this verdict form. If your
answer is “Yes,” go to the next question.
How much, in addition to amount of damages you have already
awarded, do you award [name of plaintiff] as exemplary damages?
$_____________
Provenance
- Source
- ca11.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- civil-2025-12
- Content hash
4969b7cf941cb291072f62222fc8b5458e576cf5af40d32aa5699fd2238101ae
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