"A trade secret becomes "properly accessible" when it could have been reverse-engineered rather than when it actually was reverse-engineered, limiting the appropriate "head-start period" for calculating damages."
"Disgorgement of profits is proper for all sales arising from a misappropriation-based "design win" that occurred during the head-start period, even if actual sales occurred later."
"A plaintiff may recover damages for both trade secret misappropriation and breach of contract when the damages are based on different sales or injuries."
In the AMS-OSRAM USA Inc. v. Renesas Electronics America decision, the Federal Circuit offered crucial insights into trade secret remedies under Texas law. It determined that a trade secret is deemed 'properly accessible' when it could have been reverse-engineered, which impacts the timeframe for calculating damages. Additionally, the court ruled that plaintiffs could seek disgorgement of profits from a misappropriation design win during the calculated head-start period. Importantly, the decision allows for recovering damages for both trade secret misappropriation and breach of contract if they arise from distinct injuries or sales.
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