If the judge rules that APIs are copyrightable, then a new jury will be necessary, so they will decide the damages on the non-API infringement which has already been found. If he rules that APIs are NOT copyrightable, then he will decide the statutory damages for the non-API infringement, rather than bothering with a jury. Statutory damages are limited.
There are basically two things to watch for at this point:
- the jury's verdict on patents (currently deliberating)
- the judge's ruling on API copyrightability (probably a week or two out).
2 comments
[ 2.9 ms ] story [ 13.0 ms ] threadThere are basically two things to watch for at this point:
- the jury's verdict on patents (currently deliberating)
- the judge's ruling on API copyrightability (probably a week or two out).