§Why CasetextPricing

Oracle Corporation et al v. SAP AG et al

MOTION for Judgment as a Matter of Law and, MOTION for New Trial

47 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,174 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Molski v. M.J. Cable, Inc.

    481 F.3d 724 (9th Cir. 2007)   Cited 1,136 times
    Holding that the “client or customer” limitation of § 12182(b) does not apply to § 12182 or to § 12182(b)

  3. Miller v. Glenn Miller Productions, Inc.

    454 F.3d 975 (9th Cir. 2006)   Cited 888 times   5 Legal Analyses
    Holding that plaintiffs had constructive knowledge of infringement where they were shareholders in the defendants' organization, the defendants had "openly sold merchandise bearing the ... mark" at performances for years, and one of the plaintiffs had attended performances where such merchandise was sold

  4. Lucent Technologies v. Gateway

    580 F.3d 1301 (Fed. Cir. 2009)   Cited 741 times   20 Legal Analyses
    Holding that "we see little evidentiary basis under Georgia-Pacific" for the damages award

  5. Honda Motor Co. v. Oberg

    512 U.S. 415 (1994)   Cited 278 times   3 Legal Analyses
    Holding that denial of judicial review of punitive damages violates the Due Process Clause

  6. In re First Alliance Mortg. Co.

    471 F.3d 977 (9th Cir. 2006)   Cited 386 times
    Holding that California law requires clear and convincing evidence of fraud, oppression, or malice

  7. Resqnet.com, Inc. v. Lansa, Inc.

    594 F.3d 860 (Fed. Cir. 2010)   Cited 298 times   6 Legal Analyses
    Holding that evidence of royalty rates from licenses without a relationship to the claimed invention could not form the basis of a reasonable royalty calculation

  8. On Davis v. Gap, Inc.

    246 F.3d 152 (2d Cir. 2001)   Cited 308 times   2 Legal Analyses
    Holding plaintiff failed to discharge its burden by submitting evidence of the defendant's gross revenues when the revenue included sales that were in no way promoted by the infringing advertisement

  9. Georgia-Pacific Corp. v. U.S. Plywood Corp.

    318 F. Supp. 1116 (S.D.N.Y. 1970)   Cited 743 times   29 Legal Analyses
    Finding that “royalties received by the patentee for the licensing of the patent in suit” is a relevant factor for the jury to consider

  10. Polar Bear Prod. v. Timex Corp.

    384 F.3d 700 (9th Cir. 2004)   Cited 251 times   2 Legal Analyses
    Holding that "the requirement is akin to tort principles of causation and damages"

  11. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 43,419 times   66 Legal Analyses
    Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

  12. Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

    Fed. R. Civ. P. 50   Cited 13,603 times   62 Legal Analyses
    Allowing "renewed motion"

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

    17 U.S.C. § 504   Cited 3,597 times   55 Legal Analyses
    Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"

  14. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,249 times   119 Legal Analyses
    Granting protection to "literary works"