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Traditionally, damages in trade secret cases are calculated according to three metrics: * Actual loss: the amount that the victim company lost in sales, custom
by tannhauser23 9y ago
Traditionally, damages in trade secret cases are calculated according to three metrics:
* Actual loss: the amount that the victim company lost in sales, customers, etc. because another company stole its trade secret. Here this is probably zero, since there are no self-driving cars in the market. (Although who knows, maybe Waymo lost partnership opportunities with large automakers to Uber)
* Reasonable royalties: hypothetically, if Uber licensed the allegedly stolen tech from Waymo, how much would they have paid?
* Unjust enrichment: benefit the Bad Guy got from the Bad Act(s), for example the amount of R&D that it didn't have to spend because it just shortcut the process.
Plus, in California, there's punitive damages available for twice the amount of damages. Which, if the facts are anything like what's alleged, Waymo will get.
The numbers add up fast.