Oracle Corp. v. SAP AG’s Empirical Analysis
765 F.3d 1081 · 2014
Citation profile
3 federal appellate · 2 district ·
Relationships
Applies 17 U.S.C. § 504 (§ 101 of the Copyright Act of 1976)
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Stewart v. Abend · United States v. Morales · Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc. · On Davis v. Gap, Inc.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although a copyright plaintiff need not demonstrate that it would have reached a licensing agreement with the infringer or present evidence of 'benchmark' agreements in order to recover hypothetical-license damages,”
2 later decisions quote this exact passage · from the majoritye.g. Williams v. Gaye · Williams v. Gaye“it may be difficult for a plaintiff to establish the amount of such damages without undue speculation in the absence of such evidence.”
2 later decisions quote this exact passage · from the majoritye.g. Williams v. Gaye · Williams v. Gaye“a remittitur must reflect the maximum amount sustainable by the proof.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.