688.004
Damages.
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688.004 Damages.—
(1) 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.
(2) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (1).
History.—s. 4, ch. 88-254.
Notes of Decisions
Cited in 27
cases (10 in the last 5 years), 2001–2025 · leading case: Alphamed Pharmaceuticals Corp. v. Arriva Pharmaceuticals, Inc.
Alphamed Pharmaceuticals Corp. v. Arriva Pharmaceuticals, Inc. (2006)
“The first argument is that AlphaMed cannot recover under the Uniform Trade Secrets Act (“UTSA”) because it did not present any evidence of damages as required by Fla. Stat. § 688.004 . The second argument is that AlphaMed did not provide any evidence of a confidential informant.”
Perdue Farms, Inc. v. Hook (2001)
“[2] Section 688.004(1), Florida Statutes (1993), states: 688.”
Advantor Systems Corporation v. DRS Technical Services, Inc. (2017)
“” 8 Fla. Stat. § 688.004 (1). In pursuing such damages, “[a] plaintiffs burden of proof .”
Premier Lab Supply, Inc. v. Chemplex Industries, Inc. (2012)
“§ 688.004, Fla. Stat. Therefore, we find no abuse of discretion in the trial court’s denial of the requested instruction and responses to the jury’s questions.”
Financial Information Technologies, LLC v. iControl Systems, USA, LLC (2021)
“” Fla. Stat. § 688.004 (2). In Perdue Farms Inc.”
New Lenox Industries, Inc. v. Fenton (2007)
“Fla. Stat. § 688.004 . 79 . CSC Holdings, Inc.”
Proudfoot Consulting Co. v. Gordon (2009)
“See Fla. Stat. § 688.004 . (allowing court to award unjust enrichment beyond actual loss caused by misappropriation or "a reasonable royalty for a misappropriator’s unauthorized disclosure or use of a trade secret.”
American Honda Motor Co. v. Motorcycle Information Network, Inc. (2005)
“Section 688.004 of FUTSA states that a complainant may recover damages for the misappropriation of its trade secrets.”
Furmanite America, Inc. v. T.D. Williamson, Inc. (2007)
“See § 688.004, Florida Statutes; Lee v. Cercoa, Inc.”
Sensormatic Electronics Corp. v. TAG CO. US, LLC (2008)
“” Fla. Stat. § 688.004 (2008). In this case, Sensormatic seeks only to recover the unjust enrichment TAG received from its misappropriation.”
Four Seasons Hotels & Resorts B v. v. Consorcio Barr, S.A. (2003)
“Fla. Stat. § 688.004 . 31. Reasonable attorney’s fees may also be awarded in a case of willful and malicious misappropriation.”
Vas Aero Services, LLC v. Arroyo (2012)
“003 of the Florida Uni *1358 form Trade Secrets Act (“UTSA”), and damages pursuant to section 688.004 of the UTSA. See DE 1 at 19-21; see FI.”
— 688.004(1) — 5 cases
Perdue Farms, Inc. v. Hook (2001)
“[2] Section 688.004(1), Florida Statutes (1993), states: 688.”
Premier Lab Supply, Inc. v. Chemplex Industries, Inc. (2012)
“§ 688.004, Fla. Stat. Therefore, we find no abuse of discretion in the trial court’s denial of the requested instruction and responses to the jury’s questions.”
Spigot, Inc. v. Hoggatt (2020)
— 688.004(2) — 3 cases
Perdue Farms, Inc. v. Hook (2001)
“[2] Section 688.004(1), Florida Statutes (1993), states: 688.”
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