CAFC Reinstates $82M Award Against Ford in Versata Trade Secret and Contract Dispute
The Federal Circuit vacated the district court's JMOL zeroing out trade secret damages and reinstated the $82.26 million jury award for breach of contract, clarifying that unjust enrichment is a statutory right under the DTSA and MUTSA.
WISECODE Take
The CAFC's decision on September 10, 2026, in Versata v. Ford (No. 2024-1140) signals that developing in-house replacements after terminating a software license still carries heavy liabilities. The court reinstated an $82.26 million breach of contract award against Ford and ruled that Versata can pursue unjust enrichment under the DTSA. This highlights that technical knowledge accessed during collaboration remains strictly protected even after contract termination. For businesses pursuing technology independence, this creates a high burden of proof. If your company only uses standard off-the-shelf software without custom collaboration, you are unaffected by this risk. We suggest two actions: first, define 'Clean Room' development protocols in contracts; second, thoroughly document all in-house R&D timelines to prove independent creation.
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