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Theft of Trade Secrets

To successfully prosecute a Theft of Trade Secrets case in Texas, certain elements must be proven at trial.  Those elements are:

  • Plaintiff owned a trade secret;
  • The defendant used or disclosed the trade secret:
    • In violation of a confidential or contractual relationship with the plaintiff;
    • After acquiring the trade secret by improper means; or
    • After acquiring the trade secret with notice that the disclosure was improper
  • Plaintiff suffered damages

If these elements are proven, Texas law provides for certain damages in a Theft of Trade Secrets action.  These damages may include:

  • Actual damages:
    • Plaintiff’s lost profits
    • Defendant’s profits gained
    • A reasonable royalty based on the following factors:
    • The foreseeable changes in the parties’ competitive posture
    • The price paid by purchasers or licensees in the past
    • The total value of the secret of the plaintiff, including development costs
    • The nature and extent of the use of the defendant
    • Other factors such as whether an alternative process exists
    • A hypothetical sale based on evidence of the amount a reasonable purchaser would have paid for the secret
  • Exemplary damages
  • Injunctive relief
  • Pre- and post-judgment interest
  • Court costs
  • Attorneys fees (if a contractual relationship exists)

The Texas Theft of Trade Secrets Attorney at Hill Law Firm is here to help you with your Theft of Trade Secrets issues.  We are willing to discuss alternative fee arrangements and offer a free consultation. The Texas Theft of Trade Secrets Attorney at Hill Law Firm has offices located in San Antonio.