Massachusetts Judge Finds Statutory Trade Secrets Misappropriation, Despite Contrary Jury Verdict in Parallel Common Law Action, and Awards Plaintiff Draconian Injunctive Relief and Millions of Dollars in Damages, Fees and Costs

When the evidence of trade secret misappropriation and resulting substantial damages is compelling, defendants should expect to get hammered in court. A recent Massachusetts case is in point. There, despite a jury verdict for the defendants, the trial court entered judgment for the plaintiff which included a permanent injunction prohibiting the defendants from using the plaintiff’s manufacturing process trade secret and an order directing the defendants to dismantle the production line where the trade secret had been used. Defendants were forbidden from manufacturing a competing product for five years by any means and were assessed $8 million in damages, fees and costs. 

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