In Motorola, the Seventh Circuit provided useful direction on navigating complex remedies issues in trade secret cases. In light of this decision, the plaintiff in trade secret cases should consider preserving conflicting damages models through trial to allow for the recovery of the largest award. Likewise, a trade secret plaintiff should consider utilizing the burden-shifting approach to recover unjust enrichment sales. The trade secret plaintiff can also rely — at least in circumstances like those in Motorola — on unjust enrichment damages to calculate exemplary damages. In addition, the court can consider a defendant’s litigation conduct in deciding the scope of the injunctive relief ordered.
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