Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
325C.03 DAMAGES.
(a) 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.
(b) If willful and malicious misappropriation exists, the court may award exemplary damages
in an amount not exceeding twice any award made under paragraph (a).
History: 1980 c 594 s 5; 1987 c 1 s 2
(a) 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.
(b) If willful and malicious misappropriation exists, the court may award exemplary damages
in an amount not exceeding twice any award made under paragraph (a).
History: 1980 c 594 s 5; 1987 c 1 s 2
Official Publication of the State of Minnesota
Revisor of Statutes