Linkco, Inc. v. Fujitsu Ltd.’s Empirical Analysis

Citation profile

3 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because the plaintiff's loss or the defendant's gain may be very difficult to calculate in intellectual property cases, a reasonable royalty is 'a common form of award in both trade secret and patent cases.'”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Avaya Inc. · 708 F. Supp. 2d 923 - Secure Energy, Inc. v. Coal Synthetics, LLC

2. “It is not surprising that when the infringer has profited from its wrongful use of a competitor’s intellectual property, and sometimes quite handsomely, the injured party urges that those profits reflect the damages it has suffered. Many cases recognize this self-evident proposition ... The situation is entirely different when the infringer has not profited from its wrongful conduct ... when there are no profits, an event that the parties could not have anticipated at the time of the hypothetical negotiations, admission of this evidence would be highly prejudicial to the victim of the alleged infringement. The intellectual property had a theoretical value at the time it was stolen. There are many reasons why the infringer may not have profited once it commercialized the idea and sold the product.”

   1 later decision quote this exact passage · from the majority
   e.g. On Track Innovations Ltd. v. T-Mobile USA, Inc.

3. “To approximate the parties' agreement, had they bargained in good faith at the time of the misappropriation, the trier of fact should consider such factors as the resulting and foreseeable changes in the parties' competitive posture; the prices past purchasers or licensees may have paid; the total value of the secret to the plaintiff, including the plaintiff's development costs and the importance of the secret to the plaintiff's business; the nature and extent of the use the defendant intended for the secret; and finally whatever other unique factors in the particular case which might have affected the parties' agreement, such as the ready availability of alternative processes.”

   1 later decision quote this exact passage · from the majority
   e.g. 708 F. Supp. 2d 923 - Secure Energy, Inc. v. Coal Synthetics, LLC