Federal Circuit Reinstates $82 Million Verdict Against Ford Motor Company and Revives Trade Secrets Unjust Enrichment Theory

Short summary

Federal Circuit reinstated $22M in trade secret damages in Versata v. Ford, reviving unjust enrichment as a valid recovery theory under DTSA and MUTSA. The court rejected the district court's limitation to licensing-history-based royalties, finding statutes expressly permit damages for unjust enrichment beyond actual loss. Case remanded for new trial on damages.

• •Federal Circuit overturned lower court's exclusion of unjust enrichment damages theory
• •Both DTSA and MUTSA expressly allow recovery for unjust enrichment separate from actual loss
• •Remanded for new trial; expands damages options in trade secret misappropriation cases

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