Intellectual Property, 5th Edition

CHAPTER 30ATRADEMARK, COPYRIGHT, AND TRADE SECRET DAMAGES

Damages in trade secret cases are following the trend of increasing patent damages in recent years.

In Syntel Sterling Best Shores Mauritius Ltd. et al. v. The TriZetto Group, Inc. et al., No. 1:15‐cv‐00211 (S.D.N.Y. October 27, 2020) a jury found that Syntel Sterling misappropriated one or more of TriZetto's trade secrets in violation of the Defend Trade Secrets Act (DTSA), violated New York law and infringed one or more of TriZetto's copyrights. The jury awarded roughly $284.9 million for Syntel's misappropriation of TriZetto's trade secrets, roughly $142.4 million for Syntel's misappropriation of TriZetto's trade secrets under New York law, $59.1 million for Syntel's infringement of copyright for a total amount of compensatory damages for TriZetto to the tune of $284,855,192 and $569,710,384 in punitive damages (double the compensatory amount). In post‐trial proceedings, the court granted a motion for remittitur (a ruling by a judge to reduce or throw out a jury verdict) for a reduced punitive damages award of $284,855,192. This in addition to the $284,855,192 in compensatory damages resulted in a total of $569,710,384, with an additional award for post‐judgment interest.

In Motorola Solutions, Inc. v. Hytera Communications, Corp. Ltd., a jury returned a verdict in favor of Motorola in a trade secrets trial involving digital walkie‐talkies.¹ Leading up to the jury trial, the court ruled private rights of action allowed ...