Once the fact of damage has been established with the requisite degree of certainty, uncertainty as to the amount of damages will not bar recovery. Western Cities Broadcasting, Inc. v. Schueller , supra . Defendants also contend that the court erred in awarding damages to plaintiff for technologies Newark never implemented or used. Because a portion of the actual damages was for items not used or implemented by them, defendants contend that the corresponding portion of the actual damages award was erroneous. There is no requirement in Colorado s Uniform Trade Secrets Act that there be actual use or commercial implementation of the misappropriated trade secret for damages to accrue.
Misappropriation consists only of the improper disclosure or acquisition of the trade secret.
Defendants assert that, because the court permanently enjoined Newark from using those items in the future, the damages attributed to the unused knowledge resulted in duplicative recovery. However, the record here does not indicate that the compensatory damages awarded were for future damages. Furthermore, the injunction does not protect plaintiff from damages by disclosure of its trade secrets by former Newark employees who learned of the trade secrets while working at Newark. Thus, we are not persuaded by defendants' contention that the compensatory damages awarded for the unused items and the permanent future injunction result in an improper award of double damages. Finally, defendants argue that the punitive damages should be reduced to the extent this court reduces the compensatory damages award.