Award of $5.8 Million for Misappropriating Trade Secret Tossed

Jan. 27, 2021, 4:18 PM UTC

A $5.8 million award for misappropriation of a trade secret involving floor resin was vacated by the Eleventh Circuit because the plaintiff didn’t exist when the defendant acquired its interest in the formula.

The defendant, Silikal GmbH, claimed to have invented the formula in 1987. But AcryliCon International Ltd. said it was actually invented by its founder, Bjorn Hegstad, and Silikal was only involved in the invention.

In 2008, AcryliCon USA LLC was incorporated to sell the resin in the U.S. In 2010, AC-International and Silikal settled a lawsuit with a global settlement agreement, which stipulated that AC-USA and AC-International ...

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