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Oregon Revised Statutes

Or. Rev. Stat. § 646.465 (2026)

Damages for misappropriation

✓ current as of May 2026
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      646.465 Damages for misappropriation. (1) A complainant is entitled to recover damages adequate to compensate for misappropriation, unless a material and prejudicial change of position by a defendant prior to acquiring knowledge or reason to know of the misappropriation renders a monetary recovery inequitable.

      (2) Damages may 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, but shall not be less than a reasonable royalty for the unauthorized disclosure or use of a trade secret.

      (3) Upon a finding of willful or malicious misappropriation, punitive damages may be awarded in an amount not exceeding twice any award made under subsections (1) and (2) of this section. [1987 c.537 §4]

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1996–2021 · leading case: Great Am. Ins. v. Linderman, 116 F. Supp. 3d 1183 (D. Or. 2015).
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Great Am. Ins. v. Linderman, 116 F. Supp. 3d 1183 (D. Or. 2015). · cites it 6× “Unjust Enrichment Claim Great American’s sixth claim is titled “Unjust Enrichment Pursuant to ORS § 646.465. PL’s 1st Am. Compl. [5] at ¶¶ 9.”
Peterson Mach. Co. v. May, 496 P.3d 672 (Or. Ct. App. 2021). “ORS 646.465; ORS 646.463. As relevant here, “misappropriation” is defined in the UTSA to mean: Cite as 313 Or App 454 (2021) 463 “(d) Disclosure or use of a trade secret of another with- out express or implied consent by a person, who at the time of disclosure or use, knew or…”
State Ex Rel. Sports Mgmt. News, Inc. v. Nachtigal, 921 P.2d 1304 (Or. 1996). “The remedies are damages, provided under ORS 646.465, and injunction, provided under ORS 646.”
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