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Idaho Code § 48-803

Damages

Known as the Idaho Trade Secrets Act

The act spans §§ 48–48 (7 sections).

Applied in 3 court decisions — leading case Basic American, Inc. v. Shatila (1999)

Most recently applied in Creative Computing v. Getloaded.com LLC (October 2004)

I.C., § 48-803, as added by 1981, ch. 240, § 1, p. 483; am. 1990, ch. 274, § 2, p. 774.

How often courts cite this section

19962000200410
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery 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. 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.

(2) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (1) of this section.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.