In addition, instead of damages measured by other methods, damages may be measured by imposing liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret. If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney fees to the prevailing party. MCL 445.1905, MSA 19.905. The statute of limitations for an action under the UTSA is three years after the misappropriation is discovered or if by the exercise of reasonable diligence should have been discovered. MCL 445.1907, MSA 19.907.
Continued misappropriation constitutes a single act.
MCL 445.1910, MSA 19.910. The Act also provides that the UTSA shall be applied and construed to effect the Act's general purpose to make uniform law among enacting states. Thus, although not technically binding, our trade secret law is now directly enriched by decisions from 42 other states, as well as federal courts. Overall, adoption of the UTSA in Michigan seems to provide the best of both worlds. It preserves prior Michigan jurisprudence on the issue, while supplementing it with a plethora of decisions from other jurisdictions.