Trade secret damages analysis in the wind energy construction equipment industry

CRA was retained by a global construction equipment company to assess damages due to its alleged theft of trade secrets relating to the design of large cranes and their application to the wind energy market.  CRA performed detailed rebuttal analyses of the plaintiff’s claims for actual losses based on increased costs, unjust enrichment based on the defendant’s avoided R&D costs and projected profits, and irreparable harm due to the alleged loss of a first-mover advantage.

CRA’s work included research of the wind energy construction market, analysis of the trade secrets and their relationship to R&D and commercialization efforts and timelines, and an analysis of the defendant’s actual profits to rebut the plaintiff’s unjust enrichment claim based on pre-launch projections.

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