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Transcenic, Inc. v. Google, Inc., C.A. No. 11-582-LPS, January 12, 2015.
Stark, J. Court resolves dispute regarding curative jury instruction relating to damages....more
As instances of medical data breaches increase, U.S. courts are interpreting the scope of liability stemming from them. In California, the court in Sutter Health et al. v. The Superior Court of Sacramento County (Atkins) held...more
The Defamation Act 2013 (“the Act”) reformed the law relating to slander and libel in England. It was heralded by a Justice Minister as “the end of a long and hard fought battle to ensure a fair balance is struck between the...more
After a jury trial in which TransPerfect was awarded damages, TransPerfect moved for an award of supplemental damages under 35 U.S.C. § 284 on the theory that the jury did not award it damages for infringement that occurred...more
On October 9, 2014, the New Jersey Supreme Court announced that it would hear the case of Innes v. Marzano-Lesnevich. The case deals with the interesting question of whether attorneys can be held liable for damages to...more
The record $185 million punitive damage award by a California jury in November 2014 against AutoZone has been widely reported. This huge verdict raises immediate questions: How did this happen? What circumstances led the jury...more
In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more
We have written before about the “aggravated breach of contract” theory under N.C. Gen. Stat. § 75-1.1. This theory can make a breach of contract a springboard to treble damages....more
Recent Cases Signal That Victims of Terrorist Attacks May Be Able to Collect Damages from Financial Institutions. A pair of decisions from the United States Court of Appeals for the Second Circuit and United States District...more
Navigating damages in patent cases is a complex exercise. In this series, beginning with the marking statute, we explore various nuances of damages analysis.
Pursuant to statutory authority, it is well known that a...more
Oracle Corporation v. SAP AG -
The U.S. Court of Appeals for the Ninth Circuit has explained that a copyright owner is not required to show that it actually would have granted a license to the defendant before it can...more
(You know . . . the fairy tale about trolls.)
This summer, PwC published its 2014 Patent Litigation Study. The tagline of the study is “[a]s case volume leaps, damages continue general decline.”...more
The Council and European Parliament have finally adopted a Directive on rules governing actions for damages under national law for infringements of competition rules (the "Directive"). EU Member States have two years to...more
Last month, the Illinois Supreme Court handed down its unanimous decision in a case being closely watched by the local bar associations – Goldfine v. Barack, Ferrazzano, Kirschbaum & Perlman. Goldfine involved the issue of...more
On 10 November 2014, the Council of Ministers of the European Union adopted the long-awaited directive on rules governing private antitrust damage actions (Damages Directive or Directive). Although the text still needs to be...more
A major national bank will pay $850,000 for allowing a data breach to compromise the personal information of 260,000 of its customers. Nine states — Connecticut, Florida, Maine, Maryland, New Jersey, New York, North Carolina,...more
Welcome to the latest edition of Minerals Matters.
Whilst the economic picture has certainly improved over the last six months, there have been a number of stops and starts along the way. Data suggests further...more
Copyright law protects the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works....more
In September 2014, the Commercial Court handed down an unprecedented decision, finding that a liquidated damages ("LD") clause in a contract was a "genuine pre-estimate of loss" at the time the parties entered into the...more
In what may be a cautionary tale for owners of contaminated property, a New Jersey appellate court has ruled that a landowner forfeited any claim to property damages when he allowed the responsible party to perform...more
Plaintiffs cannot bring a claim for damages for a breach of fundamental rights against an airline if that breach arose in the course of international travel. Simply put, international flying is a “no-rights zone” between...more
Courts have increasingly shown scrutiny towards claims of patent damages in patent litigation. To address these issues patent plaintiffs have often relied on consumer surveys to demonstrate harm caused by patent infringement....more
Data protection breaches do not entitle per se to claim damages that damages have to be proven by the plaintiff according to the Italian Supreme Court....more
Federal Circuit Affirms Willful Infringement Judgment and Enhanced Damages Award -
In an October 14, 2014, decision, the Federal Circuit upheld a judgment of willful infringement and an award of enhanced damages...more
In what appears to be an increasingly common practice since the Supreme Court decided Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), the Southern District of New York recently certified a class as to liability, but rejected...more
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