4410. Unjust Enrichment

4410. Unjust Enrichment Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] was unjustly enriched if [his/her/its] misappropriation of [name of plaintiff]'s trade secret[s] caused [name of defendant] to receive a benefit that [he/she/it] otherwise would not have achieved. To decide the amount of any unjust enrichment, first determine the value of [name of defendant]'s benefit that would not have been achieved except for [his/her/its] misappropriation. Then subtract from that amount [name of defendant]'s reasonable expenses[, including the value of the [specify categories of expenses in evidence, such as labor, materials, rents, interest on invested capital]]. [In calculating the amount of any unjust enrichment, do not take into account any amount that you included in determining any amount of damages for [name of plaintiff]'s actual loss.] ________________________________________________________________________________ New December 2007