PJC Business

D AMAGES

PJC 115.54

Code § 134A.003(b). In such cases, Sample C from PJC 115.55 should be submitted to determine the future royalty. Attorney’s fees. Under the Act, the court may award reasonable attorney’s fees to a prevailing party in certain circumstances, such as when a claim of misappropriation is made in bad faith or willful and malicious misappropriation exists. Tex. Civ. Prac. & Rem. Code §134A.005(1), (3). “‘Willful and malicious misappropriation’ means intentional misappropriation resulting from the conscious disregard of the rights of the owner of the trade secret.” Tex. Civ. Prac. & Rem. Code §134A.002(7). Texas courts have not yet addressed whether issues such as reasonableness, bad faith, or willful and malicious misappropriation are to be determined by the court or the jury. For a ques tion submitting reasonableness to the jury, see PJC 115.60. Exemplary damages. Pursuant to the Act, only “willful and malicious misappro priation” may form the basis for an award of exemplary damages in misappropriation of-trade-secret cases. Tex. Civ. Prac. & Rem. Code § 134A.004(b). “‘Willful and mali cious misappropriation’ means intentional misappropriation resulting from the con scious disregard of the rights of the owner of the trade secret.” Tex. Civ. Prac. & Rem. Code §134A.002(7). Exemplary damages under the Act are capped at two times actual damages. Tex. Civ. Prac. & Rem. Code §134A.004(b); Southwestern Energy Production Co. v. Berry-Helfand , 491 S.W.3d 699, 711 n.7 (Tex. 2016).

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