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Trinseo Europe GmbH v. Kellogg Brown & Root, L.L.C., et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-20460 · judgment January 21, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition citing one or two dissents, and down for a business respondent.

Question presented

Trinseo Europe GmbH sued under the Defend Trade Secrets Act alleging the theft of 10 trade secrets, all relating to one system that has always been licensed as an integrated package. Trinseo offered trial testimony supporting $130 million in damages but did not artificially divide up that valuation per trade secret. After trial, a jury found misappropriation of some but not all the alleged secrets (four of 10) and awarded some but not all the alleged damages— approximately $77 million of the $130 million requested. Importing a patent-law practice that it conceded was an “imperfect overlay,” the district court vacated the damages award in a post-trial judgment as a matter of law ruling. App.86. It determined that because Trinseo had not undertaken “strict apportionment,” App.52-53—apportioning damages per trade secret or prescribing a methodology to do so—the jury had no legally sufficient basis to attribute damages to the four misappropriated secrets it ultimately found. The Fifth Circuit took issue with the district court’s labeling of its approach as “strict,” but endorsed the same position: Absent a per-trade-secret apportionment showing or methodology, a damages award will amount to “speculation” with “no basis” as a matter of law. App.18, 23. Trinseo thus received no damages, not $77 million, for the proven theft of its secrets. The question presented is: Whether, where a jury finds misappropriation of some but not all alleged trade secrets, the jury’s damages award has no legally sufficient basis unless the trial evidence apportioned damages per trade secret or prescribed a methodology to do so. (i)

Counsel of record

For petitioner
Candice C. Wong
Fried, Frank, Harris, Shriver & Jacobson LLP

For respondent
Benjamin F. Foster
Foster Yarborough & Killingsworth, PLLC

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Aug 26 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Aug 25 2026
    Reply of petitioner Trinseo Europe GMBH filed. (Distributed)
  4. Aug 11 2026
    Brief of respondents Kellogg Brown & Root, L.L.C., et al. in opposition filed.
  5. Jul 07 2026
    Motion of Stephen Harper, et al. to extend the time to file a response is granted and the time is extended to and including August 12, 2026, for all respondents.
  6. Jul 06 2026
    Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2026.
  7. Jul 02 2026
    Motion to extend the time to file a response from July 13, 2026 to August 12, 2026, submitted to The Clerk.
  8. Jul 02 2026
    Motion of Stephen Harper, et al. to extend the time to file a response from July 13, 2026 to August 12, 2026, submitted to The Clerk.
  9. Jun 02 2026
    Petition for a writ of certiorari filed. (Response due July 13, 2026)