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Ohio Rev. Code Ann. § 1333.63

Damages recoverable

Known as the Uniform Trade Secrets Act

The act spans §§ 1333–1333 (67 sections).

Applied in 10 court decisions — leading case 146 F. Supp. 2d 385 - United Magazine Co. v. Murdoch Magazines Distribution, Inc. (2001)

Most recently applied in Jacked Up, L.L.C. v. Sara Lee Corp. (April 2017)

Effective: July 20, 1994; Latest Legislation: House Bill 320 - 120th General Assembly

How often courts cite this section

20012010201720
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.

(A) 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 in a civil action is entitled to recover damages for misappropriation. Damages may 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 that is equitable under the circumstances considering the loss to the complainant, the benefit to the misappropriator, or both, for a misappropriator's unauthorized disclosure or use of a trade secret.

(B) If willful and malicious misappropriation exists, the court may award punitive or exemplary damages in an amount not exceeding three times any award made under division (A) of this section.

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.