Esha Bandyopadhyay Authors Article in The Recorder "Trade Secret's Inherent Value, Part 2: Trade Secret Reasonable Royalties"


Fish attorney Esha Bandyopadhyay recently wrote an article for The Recorder, “Trade Secret’s Inherent Value, Part 2: Trade Secret Reasonable Royalties.” In Part 1 of this series, she discusses the purpose of trade secret remedies and how different conceptions divided the New York Court of Appeals in E.J. Brooks Co. v. Cambridge Sec. Seals.

In Part 2, Bandyopadhyay addresses another area in which differing perspectives on the fundamental goal of trade secret damages may lead to varying damages methodologies: reasonable royalty damages. The law of trade secrets often follows patent law. But should trade secret law require similar assumptions for reasonable royalty damages?

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