Intellectual Property Law
New Matter WINTER 2020, Volume 45, Number 4
Content
- 2021 New Matter Author Submission Guidelines
- California Supreme Court the Independent Wrong in Tortious Interference Claims and the Reasonableness of Non-Compete Provisions in Business Contracts
- Cla Staff
- Contents
- Copyright News
- Intellectual Property Section Executive Committee 2019-2021
- Intellectual Property Section Interest Group Representatives 2019–2021
- Ip and Art: An International Perspective
- Letter from the Chair
- Letter from the Editor-in-Chief
- MCLE Self-Study Article
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Patent Eligibility Dangerous Driving on Highway 35 U.S.C. 101
- Quarterly International Ip Law Update
- Supreme Court To Review Arthrex Decision
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- Ttab Decisions and Developments
- Trade Secret Report
Trade Secret Report
Conor Tucker
Irell & Manella LLP
TRADE SECRETS – CONSTITUTIONALITY OF PUNITIVE DAMAGES
After trial, the district court reduced a blockbuster $940 million award to plaintiff (including $700 million in punitive damages) for misappropriation of its trade secrets under Wisconsin law to $320 million. The final award included $280 million in punitive damages. The Seventh Circuit held that the award of $280 million in punitive damages was excessive under the Fourteenth Amendment. The court concluded that while defendant’s "conduct justifies punishment," it does not justify $280 million in punishment. "In sum, we conclude that the federal constitution prohibits a punitive-damages award here exceeding a 1:1 ratio with the $140 million compensatory award."