WVC 47 - 22 - 3
(a) Except to the extent that a material and prejudicial
change of position prior to acquiring knowledge or reason to know
of misappropriation renders a monetary recovery inequitable, a
complainant is entitled to recover damages for misappropriation.
Damages may include both the actual loss caused by the
misappropriation and the unjust enrichment caused by the
misappropriation. In lieu of damages measured by any other
methods, the damages caused by misappropriation may be measured
by imposition of liability for a reasonable royalty for a
misappropriator's unauthorized disclosure or use of a trade
(b) If willful and malicious misappropriation occurs, the
court may award exemplary damages in an amount not exceeding
twice any award made under subsection (a).
Note: WV Code updated with legislation passed through the 2015 Regular Session
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