Andrew Schwerin and Matthew Kohel write about Appian v. Pegasystems in IP Litigator.
In a trade secrets case that has been closely followed from trial up through appeal, the Virginia Supreme Court affirmed the appeals court's judgment in Appian Corp. v. Pegasystems, Inc. While the case involved a host of issues relating to evidence, liability, and damages, a notable aspect is the appeals courts' vacatur of the jury's $2 billion damages award. In this regard, both appeals courts held that the trial court erred both on the law of damages -- which improperly shifted the burden to defendant Pegasystems to show which of its products did not incorporate Appian's trade secrets -- and also the evidence of damages -- whereby Pegasystems was precluded from adducing evidence that certain of its products were unrelated to the technology at issue.
Read the full article in the PDF below.
