The previous post touched on the challenge of setting a dollar amount for sanctions. This week, we also note a six-year long civil lawsuit (and counting), which has been up to the U.S. Court of Appeals for the Eighth Circuit not once, but twice.
Maybe the fight about the appropriate measure of damages will result in the extraordinarily rare trifecta, a thrice-appealed case?
The fight is over whether one can use a “reasonable royalty rate” as a measure of damages for breach of a non-disclosure agreement. The misappropriation and exploitation of someone else’s confidential information is one of many wrongs where the harm — the damages — defy our ability to measure accurately.