CACI No. 4410

[Name of defendant] was unjustly enriched if [his/her/ nonbinary pronoun/

its] misappropriation of [name of plaintiff]’s trade secret[s] caused [name

of defendant] to receive a benefit that [he/she/ nonbinary pronoun/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/ nonbinary pronoun/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