TRADE SECRETS-UNIFORM TRADE SECRETS ACT-MISAPPROPRIATION-UNJUST ENRICHMENT-MISAPPROPRIATED TRADE SECRETS

PPG Indus. v. Jiangsu Tie Mao Glass Co., 2022 U.S. App. LEXIS 24411 (3^rd Cir. August 30, 2022) (Jordan, J.)  Under the Uniform Trade Secrets Act, including Pennsylvania’s version of that statute, it can be appropriate to measure unjust enrichment from a misappropriated trade secret by looking at development costs that were avoided but would have been incurred if not for the misappropriation. The District Court considered and carefully analyzed such evidence here, and its methodology and conclusion are sound. We will therefore affirm.  The defendant waited too long to challenge the district court’s award of damages. An injunction was granted along with damages.  This was a case of misappropriation of trade secrets.