Full opinion text
OMNIBUS ORDER ON DEFENDANTS’ POST-TRIAL MOTIONS ALTONAGA, District Judge. THIS CAUSE came before the Court on Defendant, Arriva Pharmaceuticals, Inc.’s (“Arrival’s]”) Renewed Motion for Judgment as a Matter of Law [D.E. 904], filed on January 24, 2006; Arriva’s Motion for New Trial and, in the Alternative, Motion for Remittitur [D.E. 923], filed on January 31, 2006; and Defendant, Spi-nelli Corporation’s (“Spinellif’s]”) Corrected Renewed Motion for Judgment as a Matter of Law [D.E. 928], filed on February 6, 2006. The Court has reviewed the written submissions of the parties, the relevant portions of the record, and applicable Taw, and heard oral argument on March 7, 2006. For the reasons stated below, Defendants’ Motions for Judgment as a Matter of Law and Arriva’s Motion for New Trial are granted. I. BACKGROUND A. The Roots of the Lezdey-Wachter Conflict This litigation arose out of competition between former business partners turned bitter rivals, and between two companies involved in the potentially lucrative field of mass produced synthetic Alpha 1-Anti-trypsin (“AAT”). John Lezdey (“Lez-dey”), a research chemist and patent attorney, met Dr. Allan Wachter (“Wachter”), then a research scientist at the University of Pennsylvania, in 1986. In the early 1990’s, Lezdey and Wachter received several patents to use AAT to treat various indications. Together, they formed a joint venture, Sonoran Desert Chemicals LLC (“Sonoran”), a Nevada limited liability company, to hold these biotech patents. They also formed Protease Sciences, Inc. (“Protease”), as a subsidiary of Sonoran, to act as a licensing agent for the Sonoran patents. In July 1997, Lezdey and Wachter co-founded AlphaOne Pharmaceuticals, Inc., now known as Arriva Pharmaceuticals, Inc., Arriva was formed to develop and commercialize recombinant protease inhibitors under an intellectual property license from Protease and Sonoran, for the treatment of respiratory, dermatological and inflammatory indications. The other founding members of Arriva’s board of directors, Dr. Philip Barr and David Kent, served as Chief Executive Officer and Chief Financial Officer of the company, respectively. In addition, Arriva employed Lezdey’s sons, Darren Lezdey (“Darren”) and Jarett Lezdey (“Jarett”), as business consultants. In November 1997, Arriva and Protease signed a Term Sheet allowing Arriva to exploit the Sonoran Patents for one year. The Term Sheet delineated the conditions of a proposed license whereby Arriva would obtain the worldwide right to exploit the Sonoran patents. As a condition to a long-term license, however, Arriva was required to raise $4 million to fund its operations. Soon after Arriva’s formation, Lezdey became concerned that the new corporation was spending too much of its limited capital on salaries without showing any progress toward the development of AAT. Lezdey approached Wachter and suggested that the company reduce overhead expenses, .particularly salaried positions, and “go virtual” in its efforts to identify licensees. Wachter rejected Lezdey’s plan. Dissatisfied with Arriva’s inability to meet its financial or scientific benchmarks, Lezdey opposed the execution of a long term license for the Sonoran patents in Arriva’s favor. In fact, in the absence of an executed license agreement, and because Arriva had been unable to obtain the financing required under the Term Sheet, Lezdey believed that Arriva’s rights to exploit the Protease patents expired at the end of 1998. Unbeknownst to Lezdey, however, Arriva persuaded Wachter to sign a draft license agreement between Protease and Arriva. Under the terms of that purported license agreement, Protease granted Arriva an exclusive license to use the inventions claimed in the Sono-ran patents. In the early months of 1999, Lezdey’s disagreements with, and estrangement from his business partner, Wachter, and other colleagues on the Arriva board continued to grow. On March 16, 1999, Lez-dey was hospitalized with a stroke. While Lezdey was incapacitated and unable to participate, members of the Arriva board of directors held a board meeting, during which they expanded the board, removed Lezdey as Chairman, and vested certain stock options so that Protease was no longer Arriva’s majority shareholder. Thereafter, over Lezdey’s objections, Arriva entered into sub-license agreements with Baxter Healthcare Corporation (“Baxter”) to develop a recombinant AAT product for respiratory indications, and with ProMetie Life Sciences, Inc. (“ProMetie”) to develop a recombinant AAT product for dermatological and other indications. Arriva did not obtain the necessary consent and approval of Protease/Sonoran to enter into the licenses with Baxter and ProMetie. Lezdey, who was still a member of Arriva’s board of directors, questioned the validity of the purported Protease-Arriva license and the subsequent sub-licenses with Baxter and ProMetie. In retaliation, Arriva terminated Lezdey and his sons in May 1999. Wachter then filed five lawsuits concurrently in four states against Lezdey, his family, and his companies. B. The Formation and Early History of AlphaMed Following their ouster from Arriva, Darren and Jarett Lezdey founded and incorporated AlphaMed Pharmaceuticals Corp. on July 20, 1999. John Lezdey served as patent counsel and consultant to the new company. AlphaMed was established with two distinct divisions, an antimicrobial division and a pharmaceutical division. Within the antimicrobial division, the company produced and sought to distribute two disinfectant products, Noviguard and Germ Patrol. The focus of the AIphaMed pharmaceutical division was to produce and distribute AAT domestically and internationally for human and veterinary use. AIphaMed approached the production of AAT through two methods, a proprietary recombinant yeast production system and a method based on expressing AAT in transgenic bovine milk. In addition to AAT, Alp-haMed’s pharmaceutical division explored the development and distribution of veterinary and cosmetic products utilizing Cro-molyn. Like Arriva, AIphaMed claimed an interest in Sonoran’s intellectual property. On September 2, 1999, Protease entered into a license agreement with AIphaMed whereby AIphaMed obtained the right to use the Sonoran patents to develop, manufacture and sell AAT products to treat a variety of non-human conditions and disorders, including skin conditions and disorders, eye and ear conditions and disorders, viral diseases and conditions and wounds. In addition, this license allowed AIphaMed to use the Sonoran patents to pursue a variety of human conditions including skin wellness and enhancement, cosmetic applications, wound healing, carcinoma, ear diseases and conditions and allergic rhinitis. As a cautionary measure, the Protease-Alp-haMed license was specifically drafted so as not to conflict with the purported Protease-Arriva license. On March 1, 2000, Protease and AIphaMed entered into a second license agreement that expanded AlphaMed’s rights to use the Sonoran patents to manufacture and sell AAT treatments for human respiratory disorders and conditions, treat human skin disorders, treat human viral diseases and conditions, and treat human eye conditions and diseases. Cognizant of their similarity in mission, AIphaMed sought to differentiate itself from Arriva. First, unlike Arriva, Alp-haMed’s business plan called for initially targeting the veterinary and non-regulated overseas, pharmaceutical and cosmetics markets for AAT, including treatment of eye and ear infections, and then gradually entering the market for FDA approved uses of AAT. By focusing initially on these markets, AIphaMed hoped to achieve a first mover advantage in the AAT marketplace. According to AIp-haMed, the production of AAT for markets with little or no regulation carried the added benefit of allowing the company to generate immediate profits without expending time and capital on clinical trials and other aspects of the FDA approval process. AIphaMed hoped to secure a tremendous advantage by being the first to mass market a product in the AAT industry, thereby developing brand name recognition while generating cash flow to fund research and development work for FDA approved AAT treatments. Second, AlphaMed developed its own proprietary recombinant yeast production system using Pichia pastoris yeast cells, while Arriva was working to produce recombinant AAT product from a different strain of yeast cells, Saccharomyces cere-visiae. In December 1999, AlphaMed experienced a substantial breakthrough when Invitrogen, a gene bank located in Carlsbad, California, was able to express AAT in the Pichia pastoris gene. In January 2000, AlphaMed partnered with the University of Nebraska to use the clone produced by Invitrogen to manufacture and purify enough recombinant AAT to begin clinical studies toward the eventual goal of FDA approval. In March 2000, AlphaMed submitted a patent application for its promising AAT production method. AlphaMed attracted early venture capital investment to fund the execution of its business plan. On August 3, 1999, Alp-haMed enticed Robert C.E. Williams (“Williams”), an international venture capitalist with operations and investments in the United States and the United Kingdom, to invest $150,000 in the company. Subsequently, pursuant to a December 7, 1999 subscription agreement, Williams invested an additional $1 million in Alp-haMed. Despite an auspicious beginning, however, AlphaMed experienced difficulty attracting other significant outside investors and realizing anticipated revenues from its antimicrobial division. Beginning in the summer of 2000, AlphaMed started to run out of money and the company found itself increasingly unable to meet financial obligations to its staff, its licensor, or its partners. AlphaMed’s financial difficulties and mounting debts reached such a critical point that the University of Nebraska was forced to suspend work on AlphaMed’s purification project on November 22, 2000. Even though Williams had indicated his willingness to support AlphaMed through this difficult time, Darren Lezdey explained that Alp-haMed was reluctant to ask Williams for an immediate infusion of the funds necessary to resume work with the University of Nebraska because AlphaMed “wanted to show [Williams].. .we could go out and get more money on our own.” [T.R. Vol. 2 at 193,11. 24-25]. Starting in the fall of 2000, AlphaMed and Williams began negotiating a significant, open-ended, finance agreement whereby Williams would invest an additional $750,000 to $1.5 million to get Alp-haMed to the next stage in its AAT production plan. During negotiations in early 2001, true to his representation to the Lezdeys that he would be their “fuel tanker,” Williams made further investments in AlphaMed which were used to pay salaries and keep the company running. Alp-haMed intended to use Williams’ large, negotiated investment to restart its purification work at the University of Nebraska. Michael Weber was Williams’ advisor and AlphaMed’s General Counsel, and testified that Williams’ additional investment was the critical step that AlphaMed needed to complete its work with the University of Nebraska and attract further significant investment. Bob Williams was willing to put in enough money to get Dr. Meagher to completion where 'he would have purified AAT and we would be able to start using with further tests on animals and the neutraceuticals that would help us start to generate cash if we were producing it, but we would clearly have product where we would be able to run tests and show institutional investors that we, that AlphaMed was a serious player, it had AAT and we were ready to move. [T.R. Vol. 11 at 57,11. 9-16]. Unfortunately, for reasons that were not explained, nor apparent to AlphaMed at the time, Williams abruptly ceased negotiations with AlphaMed in April 2001 and refused to make any further investments in the company. C. Malfeasance by Arriva and Spinelli Soon after AlphaMed’s formation in 1999, Arriva realized that the spurned Lezdeys’ new company might present a firm challenge to Arriva’s previously uncontested position in the potentially lucrative field of yeast derived recombinant AAT. Commencing an effort to maintain an advantage over its competitor, Arriva retained Spinelli Corporation, a private investigative agency founded and staffed by former agents of the Federal Bureau of Investigation (“FBI”) and based in Phoenix, Arizona, to conduct a campaign of corporate espionage against AlphaMed. Arriva utilized Spinelli to obtain confidential, proprietary and trade secret documents concerning AlphaMed’s business and the Lezdeys’ litigation strategy in their multiple lawsuits with Wachter. This information was acquired through several methods including: a procedure known as “trash pulling” where Spinelli’s investigators searched AlphaMed’s trash, the retention of a covert informant within AlphaMed to turn over confidential information, direct surveillance, and Spinelli’s retention of an unlicensed private investigative service, Blue Moon Investigations, Inc. (“Blue Moon”), to obtain non-public information and phone records. Arriva also disrupted AlphaMed’s attempts to collaborate with other biotech companies. Beginning in the summer of 2000, AlphaMed began exploring a partnership with the Pharming Group (“Pharming”), a Dutch Biotech company focused on the production of proteins in animal milk, to develop bovine-derived AAT. Discussions between AlphaMed and Rein Strijker, Pharming’s Chief Business Officer, continued until January 2001 when Martin Preuveneers (“Preuveneers”), then Arriva’s Chief Executive Officer, contacted Strijker and dissuaded Pharming from doing business with AlphaMed. Finally, Spinelli fraudulently induced the FBI to open multiple criminal investigations against AlphaMed and the Lezdeys in order to disrupt AlphaMed’s business. Although none of these FBI investigations resulted in the filing of criminal charges against AlphaMed or the Lezdeys individually, they cast a shadow over the company. As a result, Arriva eventually succeeded in its strategy to use the FBI to cripple AlphaMed’s fund raising capacity and permanently drive its competitor out of the capital intensive business of AAT production. In July 2000, Arriva and Spinelli induced FBI Special Agent James R. Conner III (“Conner”) to investigate AlphaMed and the Lezdeys for bankruptcy fraud and investor fraud. Based on the information that it had obtained through Spinelli’s corporate espionage, Arriva knew AlphaMed’s timing, direction, progress, and importantly, the identity of its primary investor, Williams. On February 23, 2001, Wachter, Spinelli, Dr. Barr and Sy Sacks, an Arizona lawyer representing Wachter, met with Conner to discuss his investigation. At the meeting, Spinelli prepared Conner to interview Williams, and provided him with a list of questions to use. The proposed questions that Spinelli gave to Conner demonstrate that Arriva and Spinelli were focused on AlphaMed’s business, rather than any purported fraud. Conner proceeded to contact Williams on multiple occasions in the midst of Alp-haMed’s critical financing negotiations with its most significant investor. Initiating his contact, Conner stated that he was investigating a complaint made by “members of the Wachter family against the Lezdey family.” He further explained to Williams that the Lezdey family was dangerous, that members of the Lezdey family had made threats against the Wachter family and that John Lezdey was suffering from senility. As a result of these disturbing, yet false, revelations, Williams decided to refrain from making any further investments in AlphaMed. D. Trial and Verdict This case was tried to a jury beginning on September 22, 2005. AlphaMed presented three claims: (1) misappropriation of trade secrets against Arriva and Spinel-li; (2) tortious interference with an advantageous business relationship (related to AlphaMed’s relationship with Williams) against Arriva; and (3) common law unfair competition against Arriva. At trial, Alp-haMed presented a single theory of recovery-lost profit damages. AlphaMed’s expert witness, V. Water Bratic (“Bratic”), testified that: AlphaMed had a window of opportunity in the fall, spring, fall, 2000, spring of 2001 with respect to the work being done at the University of Nebraska with respect to purifying and proving up commercial production of, the ability to commercially produce quantities of AAT using the Pichia pastoris yeast method of production and they needed additional financing in that window of time to finish up the work at the University of Nebraska so they could go forward with a proven delivery platform, if you will, for the manufacture of pure, high grade, high quantities of AAT to be able to attract additional capital to launch the AAT delivery platform for AlphaMed. [T.R. Vol. 16 at 45, 11. 9-20], Critically, Bratic assumed that Defendants’ conduct caused AlphaMed’s window of opportunity to close before the company could take advantage of it. To calculate the amount of damages flowing from this injury, Bratic engaged in a “but for” analysis, determining the amount of profits AlphaMed would have been able to achieve under applicable market conditions had it not suffered the injuries alleged. As he explained: but for certain alleged actions, conduct, the question is where would the company have been. So, I started with the premise assuming that there was wrongful interference with the company’s window of opportunity and its ability to grow its business. I then looked at the impact of that and I estimated that the impact of that activity, that wrongful conduct, the impact of it would be at least a five year delay in the company executing its business plan because here we are at the end of 2005 and the company was projecting early on that in 2001 it would start releasing products, and so I just pushed everything back five years because actually we’re on the eve of six years with 2006, but I just assumed a five year delay in shift in the company’s ability to get to market with its products. [T.R. Vol. 16 at 66, 11. 16-25; 67, 11. 1-4]. In arriving at his lost profits calculation, Bratic applied a discount rate to account for various risks associated with the projected amount of lost revenue over the relevant time period. I used [a discount rate of] 35 .percent. This drug has actually been proven— AAT is a proven drug. It’s out there on the market today. The Prolastin drug produced from blood plasma is an AAT treatment regimen, I believe, for hereditary emphysema that has been approved by the FDA and been on the market since 1989. We’re not dealing with an unknown drug. What we’re dealing with is a new method of production, in other words, generating commercial quantities of this particular drug in pure quantities extracted from yeast, as opposed to blood plasma. Plus, we’re dealing, in my particular analysis, we are not dealing with a brand new drug. We are dealing with products that don’t even need regulatory approval, antimicrobial products — you have-probably heard the term “Noviguard” — and some of these other products which are, basically, cleaning agents, certain types of cosme-ceuticals, basically, treating, cosmetic treatments for skin and even treating animals for various veterinary purposes. So, I have -a- combination of products in there and, in my opinion, based on the other documents seen and the other discount rates used by various parties in this litigation, I used the 35 percent discount rate which I thought was very reasonable. [T.R. Vol. 16 at 68, 11. 16-25; 69, 11. 1-12], After explaining his methodology, Bratic testified as to his ultimate opinion on Alp-haMed’s lost profit damages. Now, there were two components to ... [AlphaMed’s] damages.... One is their lost profits relating to the original initial products that the company was going to launch, antimicrobial products, which are, basically, disinfectants and cleaning products, various veterinary products, like for hot spots,, things like that, on dogs and cats and the like, and nonregu-lated pharmaceuticals which would be things like cosmeceuticals, skin creams and things like that. Those damages for delay in getting in the market for a five year period you will see in the next chart were $45.9 million. Then as to unfolding and releasing products down the road regarding emphysema and asthma treatment, for example, those damages were $33.6 million. So, when you add both of those components of damages, the $45.9 million, the $33.6 million, you end up with $79.5 million as the total damages. [T.R. Vol. 16 at 74,11. 5-22], Pursuant to Rule 50(a) of the Federal Rules of Civil Procedure, Arriva and Spi-nelli moved for judgment as a matter of law at the conclusion of AlphaMed’s casein-chief and again at the close of all the evidence. These motions were denied and the case was submitted to the jury. On December 19, 2005, after five days of deliberations, the jury returned a verdict in favor of AlphaMed, and against Arriva and Spinelli, on each of the claims. The jury awarded AlphaMed $1.00 in damages against both Arriva and Spinelli on the claim for misappropriation of trade secrets; $26 million in compensatory damages against Arriva on the claim for tortious interference with advantageous business relationship; and $22 million in compensatory damages against Arriva on the claim for unfair competition. On January 4, 2006, the jury returned a verdict on punitive damages against Arriva, awarding $20 million on the claim for tor-tious interference and $10 million on the claim for unfair competition. In total, the jury awarded AlphaMed damages in the aggregate amount of $78,000,002.00. II. LEGAL STANDARD A. Judgment as a Matter of Law Defendants’ Motions for Judgment as a Matter of Law are governed by Federal Rule of Civil Procedure 50(b). Under this standard, “[a] district court should grant judgment as a matter of law when the plaintiff presents no legally sufficient evidentiary basis for a reasonable jury to find for him on a material element of his cause of action.” Pickett v. Tyson Fresh Meats, Inc., 420 F.3d 1272, 1279 (11th Cir.2005) (citation omitted). Conversely, the Court should deny the motion “if the plaintiff presents' enough evidence to create a substantial conflict in the evidence on an essential element of the plaintiffs case.” Id. (citations omitted). “Although [the Court] look[s] at the evidence in the light most favorable to the non-moving party, the non-movant must put forth more than a mere scintilla of evidence suggesting that reasonable minds could reach differing verdicts.” Campbell v. Rainbow City, 434 F.3d 1306, 1312 (11th Cir.2006). The Court “must review all of the evidence in the record and must draw all reasonable inferences in favor of the non-moving party.” Cleveland v. Home Shopping Network, Inc., 369 F.3d 1189, 1192-93 (11th Cir.2004) (citing Reeves v. Sanderson Plumbing Products, 530 U.S. 133, 148-51, 120 S.Ct. 2097, 147 L.Ed.2d 105(2000)). “Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge.” Reeves, 530 U.S. at 150, 120 S.Ct. 2097. “[A]l-though the court should review the record as a whole, it must disregard all evidence favorable to the moving party that the jury is not required to believe.” Id. at 151, 120 S.Ct. 2097. While the Court affords due deference to the jury’s findings, it is axiomatic that such findings are not automatically insulated from review by virtue of the jury’s careful and conscientious deliberation or detailed answers to special interrogatories. Rule 50 allows the trial court to remove issues from the jury’s consideration “when the facts are sufficiently clear that the law requires a particular result.” Weisgram v. Marley Co., 528 U.S. 440, 447, 120 S.Ct. 1011, 145 L.Ed.2d 958 (2000) (quoting 9A C. Wright & A. Miller, Federal Practice and Procedure § 2521, at 240 (2d ed.1995)). A jury verdict is not entitled to “the benefit of unreasonable inferences, or those at war with the undisputed facts.” United Fire & Cas. Ins. Co. v. Garvey, 419 F.3d 743, 746 (8th Cir.2005) (citation omitted); Fenner v. Gen. Motors Corp., 657 F.2d 647, 651 (5th Cir.1981) (“a jury may properly reconstruct a series of events by drawing an inference upon an inference. The inference relied upon, however, must be reasonable. An inference may be unreasonable if it is at war with uncontradicted or unimpeached facts.”) (internal quotation and citation omitted). B. Motion for Neiv Trial If alternative motions for judgment as a matter of law and for new trial are presented, the Court should rule on the motion for judgment, and “whatever his [or her] ruling thereon he [or she] should also rule on the motion for a new trial, indicating the grounds of his [or her] decision.” Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 253, 61 S.Ct. 189, 85 L.Ed. 147 (1940); see also Fed.R.Civ.P. 50(c)(1). Pursuant to Federal Rule of Civil Procedure 59(a), “[a] new trial may be granted to all or any of the parties and on all or part of the issues ... in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the United States.... ” Although a comprehensive list of the grounds for granting a new trial is elusive, the Supreme Court has held that a motion for a new trial may rest on the fact that “the verdict is against the weight of the evidence, that damages are excessive, or that, for other reasons, the trial was not fair to the party moving; and may raise questions of law arising out of alleged substantial errors in admission or rejection of evidence or instructions to the jury.” Montgomery Ward & Co., 311 U.S. at 251, 61 S.Ct. 189. A trial judge has greater discretion in ruling on a motion for new trial than when ruling on a motion for judgment as a matter of law. This is because even if the evidence in support of the verdict is substantial, a new trial may be ordered if the verdict is against the great weight of the evidence, if damages are excessive and shock the conscience of the court, if substantial errors occurred during the proceedings, or to prevent injustice. See, e.g., Williams v. City of Valdosta, 689 F.2d 964, 973 (11th Cir.1982) (“A trial judge may grant a motion for a new trial if he believes the verdict rendered by the jury was contrary to the great weight of the evidence.”); Lipphardt v. Durango Steakhouse of Brandon, 267 F.3d 1183, 1186 (11th Cir.2001) (“ ‘new trials should not be granted on evidentiary grounds unless, at a minimum, the verdict is against the great — not merely the greater — weight of the evidence’ ”) (quoting Hewitt v. B.F. Goodrich Co., 732 F.2d 1554, 1556 (11th Cir.1984)); Whelan v. Abell, 939 F.Supp. 44, 46-47 (D.D.C.1996). III. ANALYSIS AlphaMed presented competent and sufficient evidence to prove to the jury’s satisfaction that 1) Arriva and Spinelli exhibited tortious and anti-competitive behavior, and that 2) AlphaMed was unable to execute its business plan. In order to prevail on any of its claims, however, it was incumbent on AlphaMed to produce sufficient evidence to link these findings and demonstrate that Defendants’ conduct caused AlphaMed’s failure to realize its anticipated profits. See e.g., Polar Bear Prods. v. Timex Corp., 384 F.3d 700, 710 (9th Cir.2004) (“Polar Bear’s financial losses were not of Timex’s making, and mere speculation does not suffice to link the losses to the infringement.”). AlphaMed’s failure to link Defendants’ conduct to any damage that it may have suffered is fatal to each of its claims and compels the Court to vacate the jury’s verdict in its entirety. A. Spinelli’s Motion for Judgment as a Matter of Law Spinelli, joined by Arriva, moves for judgment as a matter of law on Alp-haMed’s misappropriation of trade secrets count on three grounds. The first argument is that AlphaMed cannot recover under the Uniform Trade Secrets Act (“UTSA”) because it did not present any evidence of damages as required by Fla. Stat. § 688.004. The second argument is that AlphaMed did not provide any evidence of a confidential informant. The last argument directed at the misappropriation of trade secrets count is that Alp-haMed did not articulate which of the trash documents were claimed to be “trade secrets” and which were not. The Court is persuaded by Spinelli’s first argument and accordingly vacates the jury’s verdict of both liability and nominal damages with respect to AlphaMed’s claim for misappropriation of trade secrets. Florida’s codification of the UTSA (“FUTSA”) provides that the owner of a trade secret that has been misappropriated may seek to redress such injury by obtaining injunctive relief, monetary relief, or both. See Fla. Stat. §§ 688.003, 688.004. With respect to the recovery of damages, the statute specifically provides, in relevant part, that Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator’s unauthorized disclosure or use of a trade secret. Fla. Stat. § 688.004. In its Fourth Amended Complaint (“FAC”), AlphaMed elected to seek damages alone and -did not maintain a claim for injunctive relief. Having chosen its remedy, AlphaMed bore the burden of proving its claim for damages pursuant to the statute. However, as the Court recognized prior to the trial, AlphaMed’s prosecution of its misappropriation of trade secrets claim was fatally flawed because it provided no evidence by which a reasonable jury could establish actual damage to AlphaMed, unjust enrichment to Arriva and Spinelli, or a reasonable royalty for the value of AlphaMed’s trade secret documents. See Perdue Farms Inc. v. Hook, 111 So.2d 1047, 1052 (Fla. 2d DCA 2001) (“ ‘The plaintiff fulfills its burden of proving damages by showing the misappropriation, the subsequent commercial use, and introduces evidence by which the jury can value the rights the defendant has obtained.’ ’’(quoting University Computing Co. v. Lykes-Youngstown Corp., 504 F.2d 518, 545 (5th Cir.1974)); Milgrim on Trade Secrets § 15.01 (“It is fundamental that even if defendant’s actual or threatened wrongful use is established, plaintiff must nonetheless establish that such use is to plaintiffs ■ detriment.”). AlphaMed insists that it was under no burden to prove damages, and that, consistent with the Court’s pretrial Order [D.E. 688], it was entitled to maintain a claim for nominal damages. To be sure, Florida law does permit the award of nominal damages “when the breach of an agreement or invasion of a right is established, since the law infers some damage to the injured party, where there is insufficient evidence presented to ascertain the particular amount of loss, the award of nominal damages is proper.” Beverage Canners, Inc. v. Cott Corp., 372 So.2d 954, 956 (Fla. 3d DCA 1979) (citing Price v. Southern Home Ins. Co. of Carolinas, 100 Fla. 338, 129 So. 748 (1930) and 9A Fla. Jur., Damages § 7-8). The FUTSA, however, is not a common law cause of action where the law allows a court to infer some damage to the complaining party. Rather, AlphaMed’s cause of action for misappropriation of trade secrets is statutorily created, and therefore the question of whether AlphaMed may obtain an award of nominal damages is governed by the FUT-SA. On the subject of statutory construction, AlphaMed contends that “the legislature’s decision to forgo mention of damages in the definition of ‘misappropriation’ [in Fla. Stat. § 688.002] in fact evidences that it specifically intended to exclude damages as an element of a prima facie claim for misappropriation.” [D.E. 952 at 4]. AlphaMed seizes on the seemingly permissive language of the quoted statute to emphasize that “Section 688.004 simply sets forth the damages that may be available to a complainant; nowhere does the Florida UTSA state that a complainant must prove damages in order to maintain its claim.” [M](emphasis in original). Upon careful reflection of Spinelli’s renewed arguments on this point, and contrary to the opinion expressed in the August 23, 2005 Order [D.E. 688 at 13], the undersigned concludes that AlphaMed’s reading of the statute to permit the award of nominal damages does not withstand scrutiny. First, AlphaMed’s argument that damages are not an element of a misappropriation claim because Section 688.002, in particular, does not reference damages, is unavailing. “It is axiomatic that all parts of a statute must be read together in order to achieve a consistent whole.... Where possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another.” Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So.2d 452, 455 (Fla.1992) (internal citations omitted). The Florida legislature enacted a provision to govern the award of damages under the FUTSA. In order to defend its ability to sustain an action for nominal damages, AlphaMed must present a plausible interpretation of the FUTSA as a whole, not cherry pick subsections and improperly read them in a vacuum. Turning to the plain language of the FUTSA’s express damages provision, “[i]t is an elemental canon of statutory construction that where a statute expressly provides a particular remedy or remedies, a court must be chary of reading others into it.” Transamerica Mortgage Advisors, Inc. v. Lewis, 444 U.S. 11, 19, 100 S.Ct. 242, 62 L.Ed.2d 146 (1979). This principle, commonly known by the Latin maxim, expressio unius est exclusio alterius, is directly applicable here. See generally, Shotz v. City of Plantation, Fla., 344 F.3d 1161, 1171 n. 15 (11th Cir.2003) (explaining the maxim). The FUTSA specifically provides for the types of damages recoverable in a claim for misappropriation of trade secrets: actual loss and unjust enrichment, or, in their absence, a reasonable royalty. The effect of this section is to limit the species of monetary remedies available to a plaintiff, and to call out clearly what damages are recoverable in the absence of actual loss or unjust enrichment. To hold that the FUTSA permits the recovery of nominal damages, in the absence of any statutory language authorizing such an award, renders the inclusion of an explicit damages provision in the act meaningless. Warner v. City of Boca Raton, 887 So.2d 1023, 1033 n. 9 (Fla.2004) (“a statutory provision should not be construed in such a way that it renders the statute meaningless or leads to absurd results.”) (citing Palm Beach County Canvassing Bd. v. Harris, 772 So.2d 1273 (Fla. 2000)). Furthermore, the specific inclusion of three categories of damage evidences the legislature’s intent to exclude other potential remedies, including nominal damages. It is clear that there are instances in which the Florida legislature will specifically provide for the award of “nominal damages” in other contexts. See, e.g., Fla. Stat. § 772.11 (providing that victim of theft may state a claim for “minimum damages in the amount of $200”); Fla. Stat. § 720.303(5)(b) (member of a homeowner’s association may maintain an action to recover actual or “minimum damages” for association’s willful failure to maintain records and to make records available for inspection and copying). In light of these other statutory provisions authorizing awards of “minimum damages,” the legislature’s decision to not provide such a remedy for misappropriation claims is compelling. Finding that a claim for damages under the FUTSA requires proof of damages is also consistent with decisions of other courts interpreting sister states’ codifications of the UTSA. See Unilogic, Inc. v. Burroughs Corp., 10 Cal.App.4th 612, 12 Cal.Rptr.2d 741 (1992) (judgment of non-suit affirmed where trade secret owner admitted it suffered no loss and failed to introduce competent evidence of unjust enrichment or reasonable royalty); Litton Systems, Inc. v. Ssangyong Cement Indus. Co., Ltd., 107 F.3d 30, 1997 WL 59360, *8 (Fed.Cir.1997) (“Failure to produce evidence of actual loss, unjust enrichment, or a reasonable royalty results in the assessment of zero damages under California law.”); FAS Technologies, Ltd. v. Dainippon Screen Mfg. Co., Ltd., 2001 U.S. Dist. LEXIS 7503, *11-12, 2001 WL 637451, *3-4 (N.D.Cal. May 31, 2001) (“the Court’s conclusion that no reasonable trier of fact could find that FAS was damaged or Screen unjustly enriched, and that no injunctive relief is appropriate, disposes of FAS’s misappropriation claim in its entirety.”); News Am. Mktg. In-Store, Inc. v. Marquis, 86 Conn.App. 527, 862 A.2d 837, 846 (2004) (affirming trial court’s determination that plaintiff did not meet its “burden of proving actual harm resulting from ... [defendant’s] alleged violation of the trade secrets act.”); Liebert Corp. v. Mazur, 357 Ill.App.3d 265, 293 Ill.Dec. 28, 827 N.E.2d 909, 925 (2005)(misappropriation of trade secret claim requires proof that “a trade secret existed; (2) the secret was misappropriated through improper acquisition, disclosure, or use; and (3) the owner of the trade secret was damaged by the misappropriation.”) (citation omitted); Storage Technology Corp. v. Cisco Systems, Inc., 2003 U.S. Dist. LEXIS 17347, 2003 WL 22231544 (D.Minn. Sept.25, 2003), aff'd, 395 F.3d 921 (8th Cir.2005). Louisiana, which limits damages under its codification of the UTSA to actual loss or unjust enrichment, see La.Rev.Stat. Ann. § 51:1433, similarly requires a plaintiff to prove “(1) the existence of a trade secret, (2) a misappropriation of the trade secret, and (3) actual loss caused by the misappropriation.” Tubos de Acero de Mexico, S.A. v. Am. Intern. Inv. Corp., Inc., 292 F.3d 471, 483 (5th Cir.2002) (quoting Reingold v. Swiftships, Inc., 126 F.3d 645, 648 (5th Cir.1997)). See also Omnitech Intern., Inc. v. Clorox Co., 11 F.3d 1316, 1323 n. 10 (5th Cir.1994) (establishing that a plaintiff must prove “(i) the existence of a legally protectable trade secret, (ii) misappropriation of the trade secret, and (iii) damages resulting therefrom”); Am. Mach. Movers Inc. v. Mach. Movers of New Orleans, LLC, 136 F.Supp.2d 599, 602 (E.D.La.2001) (rejecting claim for misappropriation of trade secrets “because the plaintiff has failed to provide evidence of any damage resulting from the claimed trade secret infraction”), ajfd, 34 Fed.Appx. 150 (5th Cir.2002). In response, AlphaMed is unable to cite any authority for its position that under Florida law (or the law of any jurisdiction adopting the UTSA) a court has held that a plaintiff may maintain a claim for misappropriation of trade secrets without presenting evidence of damage or a claim for injunctive relief. See A.L. Labs., Inc. v. Philips Roxane, Inc., 803 F.2d 378 (8th Cir.1986) (applying pre-UTSA Missouri law which did not limit a plaintiff to certain specific damages in connection with a trade secret claim); GME Inc. v. Carter, 128 Idaho 597, 917 P.2d 754 (1996) (plaintiff was awarded nominal damages in addition to injunctive relief); Becker Equipment, Inc. v. Flynn, 2004 Ohio App. LEXIS 1053, 2004 WL 486219 (Ohio Ct. App. Mar. 15, 2004) (plaintiff did not seek award of affirmative damages, rather, award of nominal damages made by jury). The clear weight of authority mandating proof of damages under the UTSA, and the limited support for AlphaMed’s position that such proof is not required, strongly militate in favor of granting Spi-nellf s Motion. Finally, AlphaMed argues in the alternative that evidence about the value of its trade secrets was presented by Darren Lezdey. [D.E. 928 at 11-12 citing T.R. Yol. 2 at 113-114], This argument does not persuade. Neither this testimony, nor any evidence presented in the case, alters the Court’s pre-trial conclusion that Alp-haMed presented no evidence by which the jury could value its damages relating to misappropriation of trade secrets. Review of the cited testimony reflects that Darren Lezdey referred, in very general terms, to the effort that went into developing Alp-haMed’s business plan. Nothing that Darren Lezdey said could be fairly characterized as an attempt to quantify an actual loss, unjust enrichment, or a reasonable royalty related to the misappropriation of AlphaMed’s trade secrets. B. Arriva’s Motion for Judgment as a Matter of Law (I) The Standard: AlphaMed’s Burden to Prove Lost Profit Damages with Reasonable Certainty [II] Under Florida law, “[t]he general rule is that anticipated profits of a commercial business are too speculative and dependent upon changing circumstances to warrant a judgment for their loss.” Levitt-ANSCA Towne Park Partnership v. Smith & Co., Inc., 873 So.2d 392, 396 (Fla. 4th DCA 2004) (quoting Massey-Ferguson, Inc. v. Santa Rosa Tractor Co., 415 So.2d 865, 867 (Fla. 1st DCA 1982); Fu Sheng Indus. Co., Ltd. v. T/F Systems, Inc., 690 So.2d 617, 622 (Fla. 4th DCA 1997)). Nonetheless, a plaintiff may obtain this generally disfavored form of relief by presenting sufficient evidence “‘to determine damages for lost profits with a reasonable degree of certainty, rather than by means of speculation and conjecture.’ ” Cibran Enterprises, Inc. v. BP Products N. Am., Inc., 365 F.Supp.2d 1241,1254 n. 2 (S.D.Fla.2005) (quoting Himes v. Brown & Co. Sec. Corp., 518 So.2d 937, 938 (Fla. 3d DCA 1987)); HGI Associates, Inc. v. Wetmore Printing Co., 427 F.3d 867, 879 (11th Cir.2005)(quoting Sostchin v. Doll Enters., Inc., 847 So.2d 1123, 1128 (Fla. 3d DCA 2003)). Under the traditional “new business rule,” start-up companies — such as Alp-haMed — were unable to satisfy this “reasonable certainty” test as a matter of law. See, e.g., Central Coal & Coke Co. v. Hartman, 111 F. 96, 98-99 (8th Cir.1901) (“the loss of profits from the destruction or interruption of an established business may be recovered where the plaintiff makes it reasonably certain by competent proof what the amount of his loss actually was.... He who is prevented from embarking in a new business can recover no profits, because there are no provable data of past business from which the fact that anticipated profits would have been realized can be legally deduced.”). A majority of jurisdictions has now abandoned strict application of the rule and holds that a plaintiffs status as a new or unestablished business will not automatically preclude the recovery of lost profit damages. See Robert L. Dunn, Recovery of Lost Profits § 4.3 (6th ed.2005)(collecting cases). AlphaMed is correct, and the undersigned has previously recognized, that Florida is among those jurisdictions which permit “a party to prove lost future business even without a ‘track record.’ ” Air Caledonie Intern. v. AAR Parts Trading, Inc., 315 F.Supp.2d 1319, 1343 (S.D.Fla.2004); but see Brevard County Fair Ass’n, Inc. v. Cocoa Expo, Inc., 832 So.2d 147, 152-153 (Fla. 5th DCA 2002) (holding that “a condition precedent to recovery [of lost profit damages] is proof by competent substantial evidence that the business has earned profits for a reasonable time before the occurrence of the wrong.”) (citing Forest’s Mens Shop v. Schmidt, 536 So.2d 334, 335 (Fla.4th DCA 1988); Daytona Migi of Jacksonville, Inc. v. Daytona Auto. Fiberglass, Inc., 388 So.2d 228, 232 (Fla. 5th DCA 1980)). In such cases, “the party must prove both (1) that the defendant’s action caused the damage, and (2) that there is some standard by which the amount of damages may be adequately determined.” Air Caledonie Intern., 315 F.Supp.2d at 1343 (citing W.W. Gay Mech. Contractor, Inc. v. Wharfside Two, Ltd., 545 So.2d 1348, 1351 (Fla.1989)). In those jurisdictions that have abandoned the “new business rule,” however, “[w]hat was once a rule of law has been converted into a rule of evidence,” subjecting lost profit claims from new businesses to more stringent review than similar claims from established businesses with a track record of generating profits. Schon-feld v. Hilliard, 218 F.3d 164, 172 (2d Cir.2000) (explaining that under New York law “evidence of lost profits from a new business venture receives greater scrutiny because there is no track record upon which to base an estimate”) (citation omitted); Tipton v. Mill Creek Gravel, Inc., 373 F.3d 913, 918 (8th Cir.2004) (“new businesses ‘labor[ ] under a greater burden of proof in overcoming the general rule that evidence of expected profits is too speculative, uncertain, and remote to be considered.’ ”) (quoting Handi Caddy, Inc. v. Am. Home Products Corp., 557 F.2d 136, 139 (8th Cir.1977)); Robert L. Dunn, Recovery of Lost Profits § 4.3 (6th ed.2005); Restatement (Second) of Torts § 912 cmt. d (1977) (“Because of a justifiable doubt as to the success of new and untried enterprises, more specific evidence of their probable profits is required than when the claim is for harm to an established business.”). The rationale for applying heightened skepticism to new businesses’ claims of lost profits is clear: the commercial success of a new venture should be determined in the marketplace, not in the courtroom. An endorsement of the alternative would permit start-up corporations to reap unearned profits without bearing the costs and risks that every other entrepreneur must shoulder. To avoid this result, even courts that have abandoned the “new business” rule routinely reject lost profit claims from unestablished businesses. See, e.g., North Dade Cmty. Dev. Corp. v. Dinner’s Place, Inc., 827 So.2d 352 (Fla. 3d DCA 2002); Texas Instruments, Inc. v. Teletron Energy Mgmt., Inc., 877 S.W.2d 276, 280 (Tex.1994) (“the fact that a business is new is but one consideration in applying the ‘reasonable certainty’ test”); Hunters Int’l Mfg. Corp. v. Christiana Metals Corp., 561 F.Supp. 614, 617 (E.D.Mich.1982) (more difficult to prove lost profits for “an enterprise venturing into a new industry or method” because of “paucity of proofs and the lack of similar businesses in the area from which to estimate profits”); Drews Co., Inc. v. Led-with-Wolfe Associates, Inc., 296 S.C. 207, 371 S.E.2d 532 (1988); Beverly Hills Concepts, Inc. v. Schatz & Schatz, Ribicoff & Kotkin, 247 Conn. 48, 717 A.2d 724, 733-35 (1998); Hillside Enterprises v. Carlisle Corp., 69 F.3d 1410 (8th Cir.1995). See also TK-7 Corp. v. Estate of Barbouti 993 F.2d 722, 732 (10th Cir.1993) (declining to determine whether Oklahoma law recognizes “new business” rule because lost profit claim failed whether or not the rule was applied). Writing for the Seventh Circuit, Judge Posner articulated a frequently cited approach to the assessment of lost profit claims from unestablished businesses — especially those that launch untested products or operate in uncertain commercial environments — in the wake of the demise of the “new business” rule: Abrogation of the ‘new business’ rule does not produce a free-for-all. What makes MindGames’ claim of lost royalties indeed dubious is not any “new business” rule but the fact that the success of a board game, like that of a book or movie, is so uncertain. Here newness enters into judicial consideration of the damages claim not as a rule but as a factor in applying the standard. Just as a start-up company should not be permitted to obtain pie-in-the~sky damages upon allegations that it was snuffed out before it could begin to operate ... capitalizing fantasized earnings into a huge present value sought as damages, so a novice writer should not be permitted to obtain damages from his publisher on the premise that but for the latter’s laxity he would have had a bestseller, when only a tiny fraction of new books achieve that success. MindGames, Inc. v. Western Pub. Co., Inc., 218 F.3d 652, 658 (7th Cir.2000). Analogized to the damages claim of the hypothetical “novice writer,” the Seventh Circuit rejected the lost profits claim of the makers of a board game as unduly speculative based in part on the fact that the profits relied on the “fickle” preferences of the consuming public. Id. The MindGames court emphasized that “[djamages must be proved, and not just dreamed, although ‘some degree of speculation is permissible in computing damages, because reasonable doubts as to remedy ought to be resolved against the wrongdoer.’ ” Id. (quoting Jones Motor Co., Inc. v. Holtkamp, Liese, Beckemeier & Childress, 197 F.3d 1190, 1194 (7th Cir. 1999)). AlphaMed seizes on the final part of this quoted standard in an attempt to temper what it fears is an unduly burdensome standard under which it, as a new business operating in the unpredictable field of biotechnology, must demonstrate entitlement to lost profits. Arriva’s contention that damages are too speculative because there is no way of adequately predicting FDA approval [of AlphaMed’s proposed recombinant AAT product] is absurd because no one can ever guarantee FDA approval. If Arri-va’s argument is accepted then there never is any recourse to a start-up biotechnology company for a competitor’s tortious interference. Like in this case, a large competitor could act anti-competitively with impunity to destroy a start-up, thereby undermining innovation and invention. This is the antithesis of the American system of capitalism. [D.E. 931 at 14]. Consistent with the “wrongdoer” principle quoted in Mind-Games, AlphaMed argues that any uncertainty relative to its proposed product’s approval from the FDA (and thereby its lost profit claim) emanates from Defendants’ conduct, and therefore Arriva should be made to bear the risk of that uncertainty. As support for its position, AlphaMed quotes and relies on the leading decision establishing the “wrongdoer” principle, Story Parchment Co. v. Paterson Parchment Paper Co., 282 U.S. 555, 563, 51 S.Ct. 248, 75 L.Ed. 544 (1931). Where the tort itself is of such a nature as to preclude the ascertainment of the amount of damages with certainty, it would be a perversion of fundamental principles of justice to deny all relief to the injured person, and thereby relieve the wrongdoer from making any amend for his acts. In such case, while the damages may not be determined by mere speculation or guess, it will be enough if the evidence shows the extent of the damages as a matter of just and reasonable inference, although the result be only approximate. The wrongdoer is not entitled to complain that they cannot be measured with the exactness and precision that would be possible if the case, which he alone is responsible for making, were otherwise. Id., accord, Bigelow v. RKO Radio Pictures, Inc., 327 U.S. 251, 265, 66 S.Ct. 574, 90 L.Ed. 652 (1946); Lehrman v. Gulf Oil Corp., 500 F.2d 659 (5th Cir.1974); G.M. Brod & Co., Inc. v. U.S. Home Corp., 759 F.2d 1526, 1540 (11th Cir.1985). AlphaMed’s argument is by no means unique. Story Parchment is “commonly invoked by courts allowing recovery of future lost profits by new or unestablished businesses.” Mid-Am. Tablewares, Inc. v. Mogi Trading Co., Ltd., 100 F.3d 1353, 1365-66 (7th Cir.1996). AlphaMed’s reliance on Story Parchment, however, results in a blurring of the critical distinction that must be recognized between proof of the fact of damage and proof oí the amount of damage. While Story Parchment and its progeny teach that a relaxed burden of proof should apply to the ascertainment of the amount of damage, the plaintiff retains the burden of proof to a reasonable certainty that some damage occurred. As a leading treatise on the subject explains, “[i]f plaintiffs proof leaves uncertain whether plaintiff would have made any profits at all, there can be no recovery.” Robert L. Dunn, Recovery of Lost Profits § 1.8 (6th ed.2005). Courts routinely reject attempts to invoke Story Parchment to relax the burden of proof applicable to the fact of damage determination. See e.g., R.S.E., Inc. v. Pennsy Supply, Inc., 523 F.Supp. 954, 965 (M.D.Pa.1981) (holding that “plaintiffs reliance on Story Parchment is totally inappropriate since the issue raised is causation of damages, not amount of damages.”); Coastal Fuels of Puerto Rico, Inc. v. Caribbean Petroleum Corp., 175 F.3d 18, 33 (1st Cir.1999) (“The district court used the well-worn phrase from Sto ry Parchment outside of its normal context — a trial encompassing both liability and damages — -where the phrase is usually thought to mean only that an antitrust plaintiff need not ‘establish the amount of damages with mathematical precision.’... It is one thing to say there needs to be some flexibility in proving the amount of damages relating to hypothetical events. Such flexibility is needed both in practical terms given the nature of the proof, and to avoid rewarding a wrongdoer for its misconduct. It is quite another thing to suggest that an antitrust plaintiff does not need to show probability that the damages caused by the wrongdoer’s misconduct fall within a reasonably estimated range of damages.”) (quotation omitted); Gandal v. Telemundo Group, Inc., 23 F.3d 539, 547 (D.C.Cir.1994) (“The trouble with the district court’s damage award is that its inability to determine the value of the junk bond with ease and precision not only raises uncertainty as to the exact amount of damages, that inability also creates doubt as to whether a legal injury actually occurred.”). As the Story Parchment court held, there is a clear distinction between the measure of proof necessary to establish the fact that petitioner had sustained some damage and the measure of proof necessary to enable the jury to fix the amount. The rule which precludes the recovery of uncertain damages applies to such as are not the certain result of the wrong, not to those damages which are definitely attributable to the wrong and only uncertain in respect of their amount. 282 U.S. at 562, 51 S.Ct. 248; accord, Yoder Bros., Inc. v. Cal.-Fla. Plant Corp., 537 F.2d 1347, 1371 n. 24 (5th Cir.1976) (“The standard of proof needed to establish fact of damage is significantly different than that for amount of damage.... From this, the courts have inferred that a stricter standard of proof is necessary for fact of damage than for amount of damage.”); Twyman v. Roell, 123 Fla. 2, 166 So. 215, 218 (1936) (“uncertainty which defeats recovery in such cases has reference to the cause of the damage rather than to the amount of it”); Typographical Serv., Inc. v. Itek Corp., 721 F.2d 1317, 1319-20 (11th Cir.1983) (noting that “courts require more certainty in showing that lost profits flowed from the alleged wrongful conduct” than in proving the amount of those profits); Schonfeld, 218 F.3d at 175 (“The [wrongdoer] rule does not apply here for the simple reason that the existence of lost profit damages cannot be established with the requisite certainty.”); U.S. Football League v. National Football League, 842 F.2d 1335, 1379 (2d Cir.1988) (“The Supreme Court’s decisions in Bigelow and Story Parchment thus do not shift the burden of proving the cause of damages from the plaintiff to the defendant. They simply restate the established principle that where damages have been shown to be attributable to the defendant’s wrongful conduct, but are uncertain in amount, the defendant bears the risk of those uncertainties.”); Thompson v. Haynes, 305 F.3d 1369, 1382 (Fed.Cir. 2002) (recognizing “a distinction between proof of the fact of damages, which must be established with at least reasonable certainty, and the amount of damages, which may be estimated, provided it is not merely speculative.”); Samaritan Inns, Inc. v. District of Columbia, 114 F.3d 1227, 1235 (D.C.Cir.1997) (same). By misreading Story Parchment and its distinction between the burden of proof relative to the fact of damage and the burden with respect to the amount of damage, AlphaMed improperly attempts to shift the burden of proof to the “wrongdoer” on both distinct elements of the inquiry. This result is wholly inconsistent with the reasonable certainty standard “because it is nearly always the case that the alleged wrongdoer’s conduct alters the plaintiffs future course of dealing and therefore prevents lost profits from being readily aseertainable[.][T]he standard in such cases cannot be that the reasonable certainty requirement is relaxed, otherwise that exception would swallow the rule.” Kidder, Peabody & Co., Inc. v. IAG Intern. Acceptance Group N.V., 28 F.Supp.2d 126, 137 (S.D.N.Y.1998). Proper reliance on Story Parchment dictates that AlphaMed was not required to prove its expert’s damage calculation of $79.5 million to a reasonable certainty. A non-speculative estimation, grounded in economic realities, was sufficient to justify the amount of the award. AlphaMed was not, however, relieved from its burden to prove to a reasonable certainty that it would have earned a profit (of some amount) but for Defendants’ conduct. AlphaMed’s failure to have done so presents a fatal problem with respect to the requisite first prong of the lost profits inquiry under Florida law — proof that “the defendant’s action caused the damage.” W.W. Gay Mech. Contractor, Inc., 545 So.2d at 1351. (2) AlphaMed Presented Insufficient Evidence for a Reasonable Jury to Determine to a Reasonable Certainty that Arriva’s Conduct was the Cause of AlphaMed’s Purported Lost Profit Damage. To sustain the verdict in its favor, AlphaMed was required to prove that its failure to generate expected profits (or any profits) was caused by Arriva’s conduct. Under Florida law, recoverable damages include “all damages which are a natural, proximate, probable or direct consequence of the act, but do not include remote consequences.” Taylor Imp. Motors, Inc. v. Smiley, 143 So.2d 66, 67-68 (Fla.3d DCA 1962); Douglass Fertilizers & Chem., Inc. v. McClung Landscaping, Inc., 459 So.2d 335 (Fla. 5th DCA 1984); Royal Typewriter Co. v. Xerographic Supplies Corp., 719 F.2d 1092, 1105(11th Cir.1983) (citing Aldon Indus., Inc. v. Don Myers & Associates, Inc., 517 F.2d 188, 191 (5th Cir. 1975)). “Life is too short to pursue every human act to its most remote consequences; ‘for want of a nail, a kingdom was lost’ is a commentary on fate, not the statement of a major cause of action against a blacksmith.” Holmes v. Securities Investor Protection Corp., 503 U.S. 258, 287, 112 S.Ct. 1311, 117 L.Ed.2d 532 (1992) (Scalia, J., concurring). See also Halliburton Co. v. Eastern Cement Corp., 672 So.2d 844, 846 (Fla. 4th DCA 1996) (“the cause for any contemporary event can, if one is inclined to do so, be connected in a seemingly logical chain of circumstances and occurrences all the way back to creation.”). AlphaMed’s attempt to link its failure to generate profits to Arriva’s conduct is hampered by a temporal problem. The facts establish that AlphaMed’s business was faltering in late 2000, demonstrated by the company’s inability to pay its licensing fees or fund its critical “proof of concept” research at the University of Nebraska. Rather than use its existing capital to advance the research on its AAT product, AlphaMed allocated resources elsewhere— notably expending over $300,000 in legal fees on the Protease involuntary bankruptcy proceedings in Nevada. AlphaMed’s significant financial difficulty actually preceded Arriva’s interference with Williams by several months. In spite of this fact, AlphaMed asserts that had Williams made a significant investment in AlphaMed in the spring of 2001 (as he had planned to do before Arriva’s interfe