The Northern District of California recently granted judgment as a matter of law to defendant SAP, ruling that plaintiff Oracle, awarded $1.3 billion in damages by a jury for SAP’s unauthorized use of copyrighted software support materials, is not entitled to actual damages in the form of a “hypothetical license” fee.  Specifically, the court held that Oracle offered no evidence to prove that SAP would have entered into a license—such as past licensing history or previous licensing practices—and that Oracle therefore failed to establish an objective, nonspeculative license price through evidence of “benchmark” transactions.

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Seminar Date:
November 30, -0001
Hypothetical License Fee for Copyright-Infringement Damages Must Be Based on Objective Benchmark Evidence
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