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Intellectual Property
Copyright Infringement
Derivative Work

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

Susan Oki Mollway

Court

USDC Hawaii


Attorneys

Plaintiff

Timothy J. Hogan


Defendant

Lex Smith

Thomas H. Yee

Raina P.B. Mead

Damian D. Capozzola
(Law Offices of Damian D. Capozzola)

Michael E. Baumann

Lyle S. Hosoda


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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