NRS
600A.050 Misappropriation: Damages.
1. 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 include both loss
caused by misappropriation and unjust enrichment caused by misappropriation
that is not taken into account in computing the loss. In lieu of damages
measured by any other methods, 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, wanton or reckless
misappropriation or disregard of the rights of the owner of the trade secret
exists, the court may award exemplary damages in an amount not exceeding twice
the award made under subsection 1.
(Added to NRS by 1987,
20; A 1999,
2102)
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2000–2025 · leading case:
Frantz v. Johnson, 999 P.2d 351 (Nev. 2000).
Frantz v. Johnson, 999 P.2d 351 (Nev. 2000).
· cites it 6× “We conclude that the district court erred in calculating compensatory damages and in failing to consider NRS 600A.050(2) before awarding punitive damages.”
H&H Pharm., LLC v. Chattem Chemicals, Inc., No. 2:16-cv-02148 (D. Nev. Aug. 29, 2025).
· cites it 3× “See Nev. Rev. Stat. § 600A.050. 4 Whether Chattem breached a contractual promise to maintain the secrecy of H&H’s trade secrets or to limit their use by Sun is relevant to whether Chattem or 5 Sun misappropriated them.”
Nev. Rev. Stat. § 600A.050(1): 1 case
Nev. Rev. Stat. § 600A.050(2): 2 cases
Frantz v. Johnson, 999 P.2d 351 (Nev. 2000).
“We conclude that the district court erred in calculating compensatory damages and in failing to consider NRS 600A.050(2) before awarding punitive damages.”
H&H Pharm., LLC v. Chattem Chemicals, Inc., No. 2:16-cv-02148 (D. Nev. Aug. 29, 2025).
“See Nev. Rev. Stat. § 600A.050. 4 Whether Chattem breached a contractual promise to maintain the secrecy of H&H’s trade secrets or to limit their use by Sun is relevant to whether Chattem or 5 Sun misappropriated them.”
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