Walmart, Inc. v. Cuker Interactive, LLC, No. 18-1959 (8th Cir. 2020)Annotate this Case
After the jury returned a verdict in favor of Cuker on its claims against Walmart for breach of contract, unjust enrichment, and misappropriation of trade secrets, the district court reduced the amount of damages awarded by the jury and entered judgment in favor of Cuker. The district court subsequently further reduced the damages awarded to Cuker on the ground that Cuker presented insufficient evidence to demonstrate it undertook reasonable efforts to maintain the secrecy of three of the four alleged trade secrets. Finally, the district court found in favor of Cuker on all other issues.
The Eighth Circuit affirmed the district court's judgment, holding that the evidence in the record supported the jury's finding that Cuker took reasonable efforts to protect only one of the alleged trade secrets, the Adobe Source Files; because Cuker failed to take reasonable steps to protect the other three alleged trade, that information was not subject to protection under the Arkansas Trade Secrets Act (ATSA); evidence in the record established that Walmart used improper means to acquire Cuker's Adobe Source Files and that it did so wilfully and maliciously; there was no error in the district court's analysis or conclusions on the reduction in damages based on Cuker's failure to establish proximate cause; and Walmart's argument that the contract granted Walmart a perpetual and irrevocable license was without merit.
The court also held that the district court properly instructed the jury on material breach of contract; the record supported the jury's finding that Walmart's acts, hindrances, or delays excused Cuker's performance; sufficient evidence supported the conclusion that Walmart engaged in intentional wrongdoing; it was permissible under the ATSA for the district court to enter a injunction; and there was no error in denying Walmart's motion for a new trial.