Disgorgement Recoveries

Plaintiffs may claim that a defendant’s at-issue conduct resulted in unjust enrichment, or by some other label, an ill-gotten “gain or benefit” that should, as a matter of law, be disgorged. 

Disgorgement recoveries may focus on the defendant’s “ill-gotten” revenues, incremental profits, related identifiable property, or a reasonable royalty. The plaintiff’s quantification typically is structured to conform to statutory and/or case precedent requirements. 

We have analyzed and evaluated disgorgement claims on behalf of plaintiffs and defendants under a variety of facts and circumstances, including:

  • Patent infringement.
  • Tradename - Trade Mark infringement.
  • Trade Secrete infringement.
  • Constructive trust.
  • Moratory “Gain or Benefit” interest under Colorado’s prejudgment interest statute.

Also see -  Lost Profits - Punitive Damages - Loss of Use Damages

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