Delaware Code

6 Del. C. § 2006 (2026)

Statute of limitations

✓ current as of May 2026
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An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

63 Del. Laws, c. 218, §  1
Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2009–2024 · leading case: Raza v. Siemens Med. Solutions USA Inc., 607 F. Supp. 2d 689 (D. Del. 2009).
Raza v. Siemens Med. Solutions USA Inc., 607 F. Supp. 2d 689 (D. Del. 2009). · cites it 4× “) On April 28, 2008, Defendants filed the instant Motion requesting that the Court dismiss Plaintiffs claims as preempted under 6 Del. C. § 2006 and time barred. (D.I. 38.”
Accenture Global Servs. GmbH v. Guidewire Software Inc., 691 F. Supp. 2d 577 (D. Del. 2010). “6 Del. C. § 2006. This is generally referred to as the “discovery rule.”
Ocimum Biosolutions (India) Ltd. v. AstraZeneca UK Ltd. (Del. Super. Ct. 2019). · cites it 4× “” Normally, the statute of limitations begins to run “at the 92 The limitations period, however, may be tolled: (1) in time of the wrongful act.”
Flexwage Solutions LLC v. Ceridian HCM Holding Inc. (Del. Super. Ct. 2024). · cites it 3× “at 13-21 (citing 6 Del. C. § 2006). 64 Id. at 14-17 (quoting Am.”
Pascal Metrics, Inc. v. Health Catalyst, Inc. (Del. Super. Ct. 2023). “5 Statute of Limitations The relevant statute of limitations, 6 Del. C. § 2006, provides: “An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.”
arrivia Inc. v. Rowley (D. Ariz. 2023). “5, 2019) (“Under 6 Del. C. § 2006, a ‘continuing misappropriation constitutes a single claim’ that accrues when the misappropriation reasonably could be discovered.”
RoboticVISIONTech, Inc. v. ABB Inc. (D. Del. 2024). “§ 1836 (d); 6 Del. C. § 2006. Under Delaware law, the statute of limitations begins to run when a plaintiff has (1) actual notice of the basis for the cause of action or (2) has inquiry notice—i.”
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