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Federal Circuit Revives Versata Trade-Secret Damages Claim Against Ford

Published
Score
9

Why it matters

The Federal Circuit reversed key portions of the district court's post-trial rulings in Versata Software's trade-secrets and breach-of-contract dispute with Ford Motor Co., holding that Versata may pursue unjust enrichment damages under both the Defend Trade Secrets Act and Michigan's Uniform Trade Secrets Act. The appellate court reinstated the jury's $82.3 million breach-of-contract award and remanded the trade-secret damages question for a new trial, rejecting the Eastern District of Michigan's decision to reduce those awards to nominal amounts.

The underlying dispute stems from a software licensing relationship dating to the late 1990s, when Ford hired Versata to develop vehicle-configuration software and later licensed it for years. A jury in 2022 found Ford liable for misappropriating multiple trade secrets and breaching the parties' agreement, awarding $22.4 million for trade-secret misappropriation and $82 million for breach of contract. The district court subsequently cut the trade-secret award to zero and reduced the contract award to $3, concluding Versata had failed to prove recoverable damages under the applicable legal theories.

The Federal Circuit's May 22, 2026 precedential decision resolves a significant damages question in trade-secret litigation: whether plaintiffs can recover unjust enrichment even where a prior licensing relationship exists between the parties. The court also rejected Ford's argument for a heightened knowledge requirement in cases involving combination trade secrets. Attorneys handling trade-secret disputes should monitor how this ruling reshapes damages calculations and the interplay between licensing agreements and misappropriation claims.

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