Virginia Justices Back New Trial in $2 Billion Secrets Case (2)

Appian Corp. will have to retry its software trade secrets case against Pegasystems Inc. because of several flaws in the $2 billion verdict, the Supreme Court of Virginia affirmed.

An erroneous jury instruction and improper burden shifting on damages were two mistakes that necessitate a new trial, the Virginia justices ruled Thursday. Excluding from trial the total number of people with legitimate access to Appian’s secrets as “not relevant” also constituted reversible error, they said.

The opinion by Justice Wesley G. Russell Jr. cements the need for a new trial if Appian wants to secure damages from Pegasystems in ...