44-403. Damages


A. Except to the extent that a material and prejudicial change of position before
acquiring knowledge or reason to know of misappropriation renders a monetary recovery
inequitable, a complainant is entitled to recover damages for misappropriation. Damages
may 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 subsection A.