Microsoft Corp. v. Technology Enterprises., LLC’s Empirical Analysis

Citation profile

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n establishing the infringer’s profits, “the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the-copyrighted work.” 17 U.S.C. § 504 (b). The copyright • plaintiff must allege a causal connection between the infringement and the profits claimed, and may not “seek gross revenues based entirely on a speculative connection to the plaintiffs claim.” Fodere v. Lorenzo, 2011 WL 465468 at (S.D.Fla., Feb. 04, 2011).”

   1 later decision quote this exact passage
   e.g. 911 F. Supp. 2d 1303 - Coach, Inc. v. Hubert Keller, Inc.

2. “In general, a successful copyright plaintiff may elect between two monetary remedies. The first option is recovery of “the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement.” 17 U.S.C. § 504 (b). In lieu of actual damages and profits, the copyright owner may elect to recover the second option, “an award of statutory damages ... in a sum of not less than $750 or more than $30,000 as the court considers just.” 17 U.S.C. § 504 (c)(1).”

   1 later decision quote this exact passage
   e.g. 911 F. Supp. 2d 1303 - Coach, Inc. v. Hubert Keller, Inc.