United States First Circuit

In a case interpretting the Massachusetts unjust enrichment and restitution law, a jury grant of unjust enrichment awards for trade secret related damages are affirmed where 1) plaintiff's agreement to drop its patent application and cooperate in defendant's expansion of a another patent application in return for fair compensation, followed by defendant's failure to compensate though it profited from the agreement, constituted unjust enrichment; 2) to calculate unjust enrichment damages the determination of the value of the benefit conferred on the defendant is a question of fact for the jury; but 3) defendant did not commit knowing or willful unfair and deceptive trade practices under Massachusetts General Laws Chapter 93A because it later offered to negotiate and did not exhibit outrageous conduct.

Appellate Information

• Decided 01/12/2009
• Published 01/12/2009

Judges

Court

• United States First Circuit

Counsel