Delaware Code
6 Del. C. § 2003 (2026)
Damages
✓ current as of May 2026
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(a) 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 is entitled to recover damages for misappropriation. Damages can 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 wilful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a) of this section.
63 Del. Laws, c. 218, § 1; 71 Del. Laws, c. 80, § 2;Notes of Decisions
Cited in 10
cases (5 in the last 5 years), 2010–2026 · leading case: Beard Rsch., Inc. v. Kates, 8 A.3d 573 (Del. Ch. 2010).
Beard Rsch., Inc. v. Kates, 8 A.3d 573 (Del. Ch. 2010). “6 Del. C. § 2003(b). 177 . NuCar Consulting, Inc.”
Mattern & Assocs., L.L.C. v. Seidel, 678 F. Supp. 2d 256 (D. Del. 2010). “See 6 Del. C. § 2003(b). Delaware courts have defined willfulness as “an awareness, either actual or constructive, of one’s conduct and a realization of its probable consequences,” and malice as “ill-will, hatred or intent to cause injury.”
Beard Rsch., Inc. v. Kates (In re Kates), 485 B.R. 86 (Bankr. E.D. Pa. 2012). “The role of the bankruptcy court role in considering the application of issue preclusion in this adversary proceeding is limited to ascertaining what the Chancery Court actually found and what legal standard it actually employed in making its findings and comparing those legal…”
Arxada Holdings NA Inc. v. Harvey (Del. Ch. 2026). “241 6 Del. C. § 2003(a). 242 JX 905 at 42; Bersin Tr.”
250ok, Inc. f/k/a 250ok, LLC v. Message Sys., Inc., a/k/a SparkPost (Del. Ch. 2021). “55 Of course, under 6 Del. C. § 2003, 250ok may seek restitutionary damages as a remedy for any proven misappropriation of trade secrets, but unjust enrichment “does not survive as a standalone claim.”
Utilisave, LLC, a Delaware LLC & MHS Venture Mgmt. Corp v. Mikhail Khenin (Del. Ch. 2015). “Khenin testified that the three members used $350,000 as the required minimum operating capital before a distribution was 123 6 Del. C. § 2003(a) (―Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is…”
Liqwd, Inc. v. L'Oreal USA, Inc. (D. Del. 2019). “” 6 Del. C. § 2003(b) (emphasis added). The evidence clearly established trade secret misappropriation.”
Phyto Tech Corp. v. Givaudan SA (S.D.N.Y. 2022). “6 Del. C. § 2003. III. Breach of Contract The BGN LLC Agreement has a Delaware choice of law provision, DX-49 at BLUECAL9033-000061, and the parties do not dispute that Delaware law governs the plaintiffs’ breach of contract claim.”
Sorrento Therapeutics, Inc. v. Anthony Mack (Del. Ch. 2025). “”), and 6 Del. C. § 2003(a) (“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.”
Dravo Bay d/b/a Blue Rock Fin. Grp. v. James Whalen (Del. Ch. 2026). “The Agreement has a fee-shifting provision, which provides that “if 196 6 Del. C. § 2003(a). 197 See Great Am. Opportunities, Inc.”
6 Del. C. § 2003(a): 4 cases
Arxada Holdings NA Inc. v. Harvey (Del. Ch. 2026). “241 6 Del. C. § 2003(a). 242 JX 905 at 42; Bersin Tr.”
Sorrento Therapeutics, Inc. v. Anthony Mack (Del. Ch. 2025). “”), and 6 Del. C. § 2003(a) (“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.”
Dravo Bay d/b/a Blue Rock Fin. Grp. v. James Whalen (Del. Ch. 2026). “The Agreement has a fee-shifting provision, which provides that “if 196 6 Del. C. § 2003(a). 197 See Great Am. Opportunities, Inc.”
Utilisave, LLC, a Delaware LLC & MHS Venture Mgmt. Corp v. Mikhail Khenin (Del. Ch. 2015). “Khenin testified that the three members used $350,000 as the required minimum operating capital before a distribution was 123 6 Del. C. § 2003(a) (―Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is…”
6 Del. C. § 2003(b): 6 cases
Beard Rsch., Inc. v. Kates, 8 A.3d 573 (Del. Ch. 2010). “6 Del. C. § 2003(b). 177 . NuCar Consulting, Inc.”
Mattern & Assocs., L.L.C. v. Seidel, 678 F. Supp. 2d 256 (D. Del. 2010). “See 6 Del. C. § 2003(b). Delaware courts have defined willfulness as “an awareness, either actual or constructive, of one’s conduct and a realization of its probable consequences,” and malice as “ill-will, hatred or intent to cause injury.”
Beard Rsch., Inc. v. Kates (In re Kates), 485 B.R. 86 (Bankr. E.D. Pa. 2012). “The role of the bankruptcy court role in considering the application of issue preclusion in this adversary proceeding is limited to ascertaining what the Chancery Court actually found and what legal standard it actually employed in making its findings and comparing those legal…”
Liqwd, Inc. v. L'Oreal USA, Inc. (D. Del. 2019). “” 6 Del. C. § 2003(b) (emphasis added). The evidence clearly established trade secret misappropriation.”
Arxada Holdings NA Inc. v. Harvey (Del. Ch. 2026). “241 6 Del. C. § 2003(a). 242 JX 905 at 42; Bersin Tr.”
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