Wayne Berry v. Hawaiian Express Service Inc., et al.
Published: Apr. 1, 2006 | Result Date: Mar. 7, 2006 | Filing Date: Jan. 1, 1900 |Case number: CV0300385SOMLEK Verdict – $57,534
Judge
Court
USDC Hawaii
Attorneys
Plaintiff
Defendant
Damian D. Capozzola
(Law Offices of Damian D. Capozzola)
Experts
Plaintiff
Jeffrey H. Kinrich
(technical)
Thomas Ueno
(technical)
Defendant
Jeffrey H. Kinrich
(technical)
Facts
Plaintiff Wayne Berry developed a freight control system. The court had previously determined that there was direct copyright infringement by defendant Fleming, and that such infringement had been inadvertent. Previous to the instant result, defendant had previously successfully narrowed the period of alleged infringement through summary judgment on the issue of whether a replacement system was a derivative of the copyrighted freight control system.
Contentions
PLAINTIFF CONTENTIONS:
The plaintiff contended that without the freight control system in question, the movement of goods from the mainland U.S. to Hawaii would have been much more expensive, that defendant Fleming profited from the use of the system, and that plaintiff was actually damaged because of his inability to license and work on the system.
DEFENDANT CONTENTIONS:
The defendant argued against the plaintiff's contentions with respect to plaintiff's opined inability to license and work on the system.
Damages
At trial, plaintiff asked the jury for in excess of $50 million in total damages. The jury returned a verdict of $57,534 in the damages phase of this copyright trial.
Deliberation
five hours
Length
four days
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