                                 CODE OF VIRGINIA

DAMAGES (§ 59.1-338)

A. Except where the user of a misappropriated trade secret has made a material
and prejudicial change in his position prior to having either knowledge or
reason to know of the misappropriation and the court determines that a monetary
recovery would be inequitable, a complainant is entitled to recover damages for
misappropriation. Damages can 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. If a complainant is unable to
prove a greater amount of damages by other methods of measurement, the damages
caused by misappropriation can be measured exclusively by imposition of
liability for a reasonable royalty for a misappropriator&#8217;s unauthorized
disclosure or use of a trade secret.

B. If willful and malicious misappropriation exists, the court may award
punitive damages in an amount not exceeding twice any award made under
subsection A of this section, or $350,000 whichever amount is less.

HISTORY: 1986, c. 210; 1990, c. 344.