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§78-88.
§78-88.
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 is entitled to recover damages for misappropriation.
Damages can 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 for a
misappropriator's unauthorized disclosure or use of a trade secret.
B. If willful and malicious misappropriation exists, the court may
award exemplary damages in an amount not exceeding twice any award
made pursuant to the provisions of subsection A of this section.
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