Tuesday, January 27, 2004

8th Circuit Upholds Testimony on Damages from Trade Secret Misappropriation

In trade secret litigation brought by Children's Broadcasting Corporation against Disney and ABC Radio, the Eighth Circuit has upheld trial testimony by Children's damages expert, Dr. Jonathan Putnam, who presented damage estimates corresponding to three different time intervals by which defendants' misappropriation might have accelerated defendants' entry into the children's radio market. The Eighth Circuit panel agreed with the trial court that Dr. Putnam was well qualified and relied on academically accepted methods. See Children's Broadcasting Corp. v. Walt Disney Co., No. 02-3161 (8th Cir. Jan. 26, 2004) (Loken, Heaney, & Reilly, JJ.).
Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.