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logo1cThe Tenth Circuit Court of Appeals has held that restitution and disgorgement are equitable remedies available under the Food Drug and Cosmetic Act. See US v. Rx Depot, No. 05-5003 (10th Cir. Feb 22, 2006). The Rx Depot decision follows the decision in US v. Lane Labs where the Third Circuit held, in a case of first impression in the federal appeals courts, that disgorgement and restitution are authorized by the FDCA. We previously discussed that decision here.

US v. Rx Depot, No. 05-5003 (10th Cir. Feb 22, 2006).


Joel B. Rothman represents clients in intellectual property infringement litigation involving patents, trademarks, copyrights, trade secrets, defamation, trade libel, unfair competition, unfair and deceptive trade practices, and commercial matters. Joel’s litigation practice also includes significant focus on electronic discovery issues such as e-discovery management and motion practice relating to e-discovery.