(United States Ninth Circuit) - A jury found in favor of plaintiff for infringement of their enterprise software copyrights and awarded plaintiffs damages based on the honest market value of a hypothetical-license,but the district court's subsequent judgment as a matter of law (JMOL) concluding that plaintiff failed to provide enough evidence to establish a non-speculative hypothetical-license price is: 1) affirmed as to the JMOL, where plaintiff did not gain to indicate that a license would actually gain been granted to defendants; 2) the hypothetical-license damage award was based on undue speculation; 3) affirmed as to the grant of defendants' motion for a new trial conditioned on plaintiff's rejection of a remittitur, or 4) vacated as to the ruling selecting $272 million as the remittitur,as it was below the maximum amount sustainable by the proof.
Source: findlaw.com