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Articles

Esha Bandyopadhyay Authors Article in The Recorder “Trade Secret’s Inherent Value, Part 2: Trade Secret Reasonable Royalties”

July 15, 2019

Articles

Esha Bandyopadhyay Authors Article in The Recorder “Trade Secret’s Inherent Value, Part 2: Trade Secret Reasonable Royalties”

July 15, 2019

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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?

Click here to read the full article (subscription required).


The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.