Ariz. Rev. Stat. » Title 44

Ariz. Rev. Stat. § 44-403

Damages

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A. Except to the extent that a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is 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.

B. If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection A.

Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 2012–2025 · leading case: HTS, Inc. v. Boley
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HTS, Inc. v. Boley (2013) azd · cites it 16× “§ 44^103 and awarding exemplary damages based on jury’s finding that defendant’s misappropriation of trade secrets was willful), Arizona has adopted the Uniform Trade Secrets Act and § 44-403 is based on § 3 of the uniform act.”
TKC Aerospace Inc. v. Muhs (In Re Muhs) (2019) ca4 · cites it 3× “" Ariz. Rev. Stat. Ann. § 44-403 (B). PHP filed for Chapter 11 bankruptcy on September 18, 2015, staying any potential appeal of the Arizona Action.”
Orca Communications v. Ann Noder Et vir/pitch Public (2014) ariz · cites it 3× “¶ 12 Noder argues that refusing to extend § 44-407’s displacement provision beyond its express terms will lead to “absurd results” because a plaintiff that demonstrates willful and malicious misappropriation of confidential information could possibly recover more punitive…”
Unisource Worldwide, Inc. v. Swope (2013) azd · cites it 2× “A.R.S. § 44-403(A). If a plaintiff has common-law claims that are preempted by the AUTSA, and the plaintiff then proves a violation of the AUTSA, it can recover for all of the damages caused by the underlying misappropriation.”
W.L. Gore & Associates, Inc. v. GI Dynamics, Inc. (2012) azd · cites it 2× “A plaintiff may seek to recover “both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss.”
Management & Engineering Technologies International, Inc. v. Information Systems Support, Inc. (2012) ca9 · cites it 2× “” Ariz.Rev.Stat. § 44-403(A). Here, the jury awarded damages because it found that METI had suffered a harm when ISS used its trade secrets for strategic planning purposes.”
Emp v. Prieto (2020) arizctapp · cites it 6× “”) section 44-403 or sanctions under Arizona Rule of Civil Procedure (“Rule”) 68.”
ReBath LLC v. HD Solutions LLC (2021) azd · cites it 6× “ust enrichment caused by the 15 misappropriation of the trade secret that is not addressed in computing damages for actual loss; or 16 (ii) in lieu of damages measured by any other methods, the damages caused by the misappropriation measured by imposition of liability 17 for a…”
Lerner & Rowe PC v. Brown Engstrand & Shelly LLC (2022) azd · cites it 2× “§§ 1114 , 1117, 14 1125(a)(1)(A); common law trademark infringement and unfair competition under Arizona 15 common law; and unjust enrichment under A.R.S. § 44-403. Plaintiff seeks monetary and 16 injunctive relief.”
Lerner & Rowe PC v. Brown Engstrand & Shelly LLC (2023) azd · cites it 2× “18 Plaintiff seeks damages under A.R.S. § 44-403, arguing that Defendants 19 “wrongfully divert[ed] the relevant consuming public to Defendants’ website and phone 20 number.”
Paul Johnson Drywall Incorporated v. Sterling Group LP (2024) azd · cites it 2× “In lieu 20 of damages measured by any other methods, the damages caused by misappropriation may 21 be measured by imposition of liability for a reasonable royalty for a misappropriator’s 22 unauthorized disclosure or use of a trade secret.”
Early Warning Services LLC v. Johnson (2025) azd · cites it 2× “’s willful and malicious acts of misappropriation, pursuant to the Arizona Uniform Trade Secrets Act 13 (“AUTSA”), A.R.S. § 44-403; and an award of post judgment interest on any monetary damages awarded under 28 U.”
— Ariz. Rev. Stat. § 44-403(A) — 6 cases
HTS, Inc. v. Boley (2013) azd “§ 44^103 and awarding exemplary damages based on jury’s finding that defendant’s misappropriation of trade secrets was willful), Arizona has adopted the Uniform Trade Secrets Act and § 44-403 is based on § 3 of the uniform act.”
Unisource Worldwide, Inc. v. Swope (2013) azd “A.R.S. § 44-403(A). If a plaintiff has common-law claims that are preempted by the AUTSA, and the plaintiff then proves a violation of the AUTSA, it can recover for all of the damages caused by the underlying misappropriation.”
W.L. Gore & Associates, Inc. v. GI Dynamics, Inc. (2012) azd “A plaintiff may seek to recover “both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss.”
Management & Engineering Technologies International, Inc. v. Information Systems Support, Inc. (2012) ca9 “” Ariz.Rev.Stat. § 44-403(A). Here, the jury awarded damages because it found that METI had suffered a harm when ISS used its trade secrets for strategic planning purposes.”
ReBath LLC v. HD Solutions LLC (2021) azd “ust enrichment caused by the 15 misappropriation of the trade secret that is not addressed in computing damages for actual loss; or 16 (ii) in lieu of damages measured by any other methods, the damages caused by the misappropriation measured by imposition of liability 17 for a…”
— Ariz. Rev. Stat. § 44-403(B) — 5 cases
HTS, Inc. v. Boley (2013) azd “§ 44^103 and awarding exemplary damages based on jury’s finding that defendant’s misappropriation of trade secrets was willful), Arizona has adopted the Uniform Trade Secrets Act and § 44-403 is based on § 3 of the uniform act.”
Orca Communications v. Ann Noder Et vir/pitch Public (2014) ariz “¶ 12 Noder argues that refusing to extend § 44-407’s displacement provision beyond its express terms will lead to “absurd results” because a plaintiff that demonstrates willful and malicious misappropriation of confidential information could possibly recover more punitive…”
TKC Aerospace Inc. v. Muhs (In Re Muhs) (2019) ca4 “" Ariz. Rev. Stat. Ann. § 44-403 (B). PHP filed for Chapter 11 bankruptcy on September 18, 2015, staying any potential appeal of the Arizona Action.”
Management & Engineering Technologies International, Inc. v. Information Systems Support, Inc. (2012) ca9 “” Ariz.Rev.Stat. § 44-403(A). Here, the jury awarded damages because it found that METI had suffered a harm when ISS used its trade secrets for strategic planning purposes.”
Emp v. Prieto (2020) arizctapp “”) section 44-403 or sanctions under Arizona Rule of Civil Procedure (“Rule”) 68.”
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