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Trade Secret Jury Verdict : RRK Holding Co. v. Sears Roebuck & Co.

U.S. District Court, Northern District, Chicago VerdictSearch Weekly Verdict-Plaintiff : the jury found that the Roto Zip was a trade secret; that Sears breached the non-disclosure agreement; that Sears misappropriated trade secrets; and that the misappropriation was willful, wanton and malicious. Jurors awarded RRK $21,363,585. According to RRK, Sears introduced the All-in-One Cutting Tool starting at $59. Plaintiff's counsel argued that Sears' low price caused customers not to buy Roto Zip's spiral saw/plunge base router combination power tool in the quantities that RRK expected. Plaintiffs' counsel argued that as a direct result of Sears' violation of the NDA and misappropriation of Roto Zip's trade secrets, the plaintiff's sales at Sears decreased dramatically from $41 million in 2000, to $24 million in 2001, to $8.5 million in 2002, and to $615,000 in 2003. RRK sought $11.2 million in lost profits and $1.7 million for unjust enrichment, which was based on calculations by economist Joseph Gemini.

Full post as published by The Trade Secrets Vault on January 24, 2008 (boomark / email).