Ind. Code § 24-2-3-4

Damages for misappropriation and unjust enrichment; royalty; exemplary damages

Known as the Uniform Trade Secrets Act

The act spans §§ 24-2-3-1 to 24-2-3-8 (8 sections).

Applied in 3 court decisions — leading case Infinity Products, Inc. v. Quandt (2004)

Most recently applied in Infinity Products, Inc. v. Quandt (June 2004)

As added by Acts 1982, P.L.148, SEC.1

How often courts cite this section

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.

Sec. 4. (a) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.

(b) When neither damages nor unjust enrichment are provable, the court may order payment of a reasonable royalty for no longer than the period during which the use could have been prohibited.

(c) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.