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
