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Oracle America, Inc. v. Google Inc.

MOTION TO PRECLUDE SUBMISSION OF THE ISSUE OF WILLFULNESS TO THE JURY ABSENT AN ELECTION OF STATUTORY DAMAGES re Order,, Case Management Scheduling Order,, Set Deadlines

24 Cited authorities

  1. Ebay Inc. v. Mercexchange, L. L. C.

    547 U.S. 388 (2006)   Cited 3,830 times   130 Legal Analyses
    Holding that traditional four-factor test applies to injunctions against patent infringement

  2. U.S. v. W.R. Grace

    526 F.3d 499 (9th Cir. 2008)   Cited 371 times   1 Legal Analyses
    Holding that a party's "discretion to investigate and present its case does not override the district court's authority to manage the trial proceedings — including by setting discovery and disclosure deadlines"

  3. Polar Bear Prod. v. Timex Corp.

    384 F.3d 700 (9th Cir. 2004)   Cited 254 times   2 Legal Analyses
    Holding that "the requirement is akin to tort principles of causation and damages"

  4. Three Boys Music Corporation v. Bolton, Page 477

    212 F.3d 477 (9th Cir. 2000)   Cited 282 times   5 Legal Analyses
    Holding a composer, a music publisher, and a record company liable for infringement of plaintiff’s musical work

  5. M2 Software, Inc. v. Madacy Entertainment

    421 F.3d 1073 (9th Cir. 2005)   Cited 209 times   1 Legal Analyses
    Holding that, even if the district court's admission of evidence constituted an abuse of discretion, reversal was not warranted because the error was harmless

  6. Leonard v. StemTech Health Scis., Inc.

    981 F. Supp. 2d 273 (D. Del. 2013)   Cited 147 times
    Finding a professor met the minimal qualifications to testify as an expert

  7. Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc.

    772 F.2d 505 (9th Cir. 1985)   Cited 187 times
    Holding that infringing use of music in one of ten acts of Las Vegas casino musical revue entitled copyright holder to portion of casino's hotel and gaming operations based on revue's promotional nature

  8. Arnold v. United Artists Theatre Circuit, Inc.

    158 F.R.D. 439 (N.D. Cal. 1994)   Cited 118 times
    Holding that it is sufficient for plaintiffs' claims to "arise from the same remedial and legal theories" as the class claims

  9. Oracle Corp. v. SAP AG

    765 F.3d 1081 (9th Cir. 2014)   Cited 50 times   1 Legal Analyses
    In Oracle, we held the jury's award of $1.3 billion in hypothetical-license damages to be unduly speculative because "the evidence presented at trial failed to provide 'the range of the reasonable market value' " underlying the actual damages award. 765 F.3d at 1089 (quoting Polar Bear Prods., Inc., 384 F.3d at 709)). Oracle's evidence was based on projected benefits and costs, and Oracle lacked a history of granting comparable licenses and provided no evidence of "benchmark" licenses in the industry.

  10. Bates v. United Parcel Service

    204 F.R.D. 440 (N.D. Cal. 2001)   Cited 62 times
    Certifying class of plaintiffs with hearing disabilities

  11. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,309 times   24 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

  12. Section 504 - Remedies for infringement: Damages and profits

    17 U.S.C. § 504   Cited 3,616 times   56 Legal Analyses
    Holding that a copyright infringer may be liable for "the copyright owner's actual damages and any additional profits of the infringer"

  13. Section 505 - Remedies for infringement: Costs and attorney's fees

    17 U.S.C. § 505   Cited 2,990 times   70 Legal Analyses
    Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases

  14. Section 502 - Remedies for infringement: Injunctions

    17 U.S.C. § 502   Cited 1,454 times   3 Legal Analyses
    Authorizing a court to enter a temporary injunction "on such terms as it may deem reasonable to prevent or restrain infringement of copyright"