Idaho Code
Idaho Code

Idaho Code § 48-803 (2026)

Damages. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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) of this section.
Notes of Decisions
Cited in 3 cases, 1996–2004 · leading case: Basic Am., Inc. v. Shatila, 992 P.2d 175 (Idaho 1999).
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Basic Am., Inc. v. Shatila, 992 P.2d 175 (Idaho 1999). · cites it 4× “Whether the trial court erred in finding that Basic had established any “actual loss” under Idaho Code § 48-803 . F. Whether IFP and Shatila are entitled to attorney fees on appeal and in the trial court.”
GME, INC. v. Carter, 917 P.2d 754 (Idaho 1996). · cites it 12× “Idaho Code § 48-803 (1) provides the standards for damages for violations of the trade secrets act: 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,…”
Creative Computing v. getloaded.com LLC, 386 F.3d 930 (9th Cir. 2004). “See Idaho Code § 48-803 (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) of this section.”
Idaho Code § 48-803(1): 1 case
GME, INC. v. Carter, 917 P.2d 754 (Idaho 1996). “Idaho Code § 48-803 (1) provides the standards for damages for violations of the trade secrets act: 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,…”
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