California Court of Appeal

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Ajaxo Inc. v. E*Trade Fin. Corp., H033631

In plaintiff's suit against E*Trade Financial Corporation (E*Trade) for misappropriation of trade secrets under the California Uniform Trade Secret Act, trial court's denial of plaintiff's request for award of reasonable royalties is reversed and remanded where: 1) given the jury's finding that E*Trade did not profit from its misappropriation of trade secrets, unjust enrichment is not "provable" within the meaning of section 3426.3; 2) since E*Trade had consistently and successfully taken the position that plaintiff's actual losses are not provable, E*Trade is estopped from arguing otherwise now; and 3) because neither actual loss nor unjust enrichment is provable, the trial court had discretion pursuant to section 3426.3(b) to order payment of a reasonable royalty.

Appellate Information

  • Submitted 08/30/2010
  • Decided 08/30/2010
  • Published 08/30/2010


  • Premo


  • California Court of Appeal


  • For Appellant:
  • <a href="">Kathryn S. Diemer</a>, <a href="">Joseph E. Floren</a>

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