United States — Maine Act or statute

United States — Maine legislation

Maine Revised Statutes, Title 10, § 1544: Damages, 1987

A complainant may recover damages for misappropriation, unless a prior material and prejudicial change of position makes monetary recovery inequitable.

damagesexemplary damagesmisappropriationreasonable royalty

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01

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“A complainant may recover damages for misappropriation, unless a prior material and prejudicial change of position makes monetary recovery inequitable.”

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    Enacted 1987 · Source version 1 Oct 2025. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Damages

A complainant may recover damages for misappropriation, unless a prior material and prejudicial change of position makes monetary recovery inequitable.

Section 1544

04

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Source record from legislature.maine.gov · Enacted 1987 · Source version 1 Oct 2025

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Showing 1 of 1 provisions

Provision
§ 1544DamagesProvision

A complainant may recover damages for misappropriation, unless a prior material and prejudicial change of position makes monetary recovery inequitable.

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. [PL 1987, c. 143 (NEW).] 1. Measurement of damages. Damages may 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. [PL 1987, c. 143 (NEW).] 2. Willful, malicious misappropriation. If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not to exceed twice any award made under subsection 1. [PL 1987, c. 143 (NEW).]
Section 1544Verify source

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  • 1 Oct 2025 · currentEnglish

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