After seeing client SAP hit with a record copyright-infringement damage award of $1.3 billion in a suit by Oracle Corp., Jones Day lawyers on Thursday were vindicated in their arguments that their opponents’ damages theory was flawed.
Oakland U.S. District Judge Phyllis Hamilton chopped $1 billion off the award, saying Oracle wasn’t entitled to recover “hypothetical license damages” because it didn’t show that “but for infringement, the parties would have agreed to license the use of the copyrighted works at issue.”
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