Mattel, Inc. v. Mga Entertainment, Inc.

ORDER GRANTING IN PART AND DENYING IN PART MGA ENTERTAINMENT, INC.’s APPLICATION FOR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS

Before the Court is MGA Entertainment, Inc. (“MGA”)’s Application for Exemplary Damages, Attorneys’ Fees, and Costs. MGA requests the imposition of exemplary damages equal to double the compensatory damage award on MGA’s successful counterclaim-in-reply for trade secret misappropriation. The jury found that Mattel had misappropriated 26 categories of trade secret information and that the misappropriation was willful and malicious. After considering the moving, opposing, and replying papers, the evidence in the record, as well as the parties’ oral argument, the Court GRANTS IN PART AND DENIES IN PART the Application.

A. Introduction

The California Uniform Trade Secrets Act (CUTSA) proscribes the misappropriation of information that has independent economic value from not being generally known and is the subject of reasonable efforts to maintain secrecy. Cal.Civ.Code § 3426.1. The remedy for misappropriation is the greater of (1) the victim’s actual damages or (2) the misappropriator’s unjust enrichment. Id., § 3426.3. “If willful and malicious…