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47-462: Oracle Corp v. SAP AG , No. 4:07-cv-01658, was a United States District Court for the Northern District of California case in which Oracle sued SAP , alleging that SAP had engaged in copyright infringement by downloading thousands of copyrighted documents and programs from Oracle's Customer Connection website. SAP admitted that its subsidiary TomorrowNow had infringed Oracle's copyrights and

94-535: A serial number . Citations to these reporters use the serial number in place of a page number. If a decision has not been published in a reporter, more identifying information is needed. Generally, citations to unreported cases involve the name of the court , the date of the decision and the case number assigned by the court. For example: Sø- og Handelsrettens dom af 3. maj 2018 i sag nr. V-17-17 (The Maritime and Commercial Court 's judgment of May 3 in case no. V-17-17). Certain authors format these citations to mimic

141-585: A complaint with the United States District Court for the Northern District of California accusing SAP and TomorrowNow of corporate theft on a "grand scale". According to Oracle, TomorrowNow had downloaded thousands of documents and programs from Oracle's Customer Connection technical support website. Downloads were performed using credentials from Oracle customers whose support contract either already had or were about to expire. In addition, TomorrowNow had downloaded copyrighted support material for which

188-429: A jury awarded Oracle record-high damages in the amount of $ 1.3 billion. Judge Phyllis Hamilton later vacated the jury's verdict, which was based on the calculation of a hypothetical license, and granted SAP's motion for a new trial dependent on Oracle rejecting a remittitur of $ 272 million. In November 2014, an appeals court ruled for $ 356.7 million in damages, a decision which was accepted by both parties. TomorrowNow

235-551: A result of the infringement". Since the actual damages must be the result of the infringement, the burden is on the copyright holder to prove the connection between the monetary amount and the infringement. Oracle was required to prove that the two parties would have agreed on the hypothetical license and license fees, but Oracle had no such evidence. Oracle did not provide facts on previous licensing history or practices. Oracle also failed to provide evidence on benchmark licenses, such as negotiated licenses for comparable works. There

282-770: Is headquartered in San Francisco. Cases from the Northern District of California are appealed to the United States Court of Appeals for the Ninth Circuit . Because it covers San Francisco and Silicon Valley , the Northern District of California has become the presumptive destination for major federal lawsuits (such as large class actions and multi-district litigation ) involving " Big Tech " defendants. These cases usually involve patent law and intellectual property law (such as copyright law and DMCA issues as well as trademark law and trade secret law ) - especially in

329-584: Is italicized as in all other countries and the party names are separated by v (English) or c (French). Prior to 1984 the appellant party would always be named first. However, since then case names do not switch order when the case is appealed. Undisclosed parties to a case are represented by initials (e.g., R v RDS ). Criminal cases are prosecuted by the Crown, which is always represented by R for Regina (queen) or Rex (king). Reference questions (advisory opinions) are always entitled Reference re followed by

376-468: Is now [2005] 1 SCR 791. Most full stops are also removed from styles of cause. The seventh edition also further highlights the significance of neutral citations (i.e., tribunal-assigned citations that are publisher-independent). In 1999 the Canadian Judicial Council adopted a neutral citation standard for case law. The format provides a naming system that does not depend on the publication of

423-651: Is the citation by using the European Case Law Identifier , a ″neutral″ citation system introduced by the Council of the European Union in 2011, which Germany is participating in. The most important cases of the Federal Constitutional Court are published by the court in its official collection. This collection is abbreviated BVerfGE , whereas BVerfG is short for Bundesverfassungsgericht ,

470-515: The Free Access to Law Movement . The resulting flood of non-paginated information has led to numbering of paragraphs and the adoption of a medium-neutral citation system. This usually contains the following information: Rather than utilizing page numbers for pinpoint references, which would depend upon particular printers and browsers , pinpoint quotations refer to paragraph numbers. In common law countries with an adversarial system of justice,

517-535: The United States , there is no consensus on the pronunciation of the abbreviation v. This has led to much confusion about the pronunciation and spelling of court cases: During oral arguments in Planned Parenthood v. Casey (1992), the participants demonstrated the lack of consensus on the pronunciation of " v. ", using different pronunciations. Solicitor General Ken Starr even managed to use all three of

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564-576: The semiconductor , telecommunications and software industries and other high technology areas, antitrust law , securities law , and technology law in general ( e.g. , cybersecurity , Internet law , computer law and cases involving software ). California was admitted as a state on September 9, 1850, and was initially divided into two districts, the Northern and the Southern , by Act of Congress approved September 28, 1850, 9 Stat. 521. The boundary line

611-490: The "maximum amount of lost profits and infringer's profits sustainable by the proof." Judge Hamilton further stated: Determining a hypothetical license price requires an "objective, not a subjective" analysis, and "[e]xcessively speculative" claims must be rejected." In 17 U.S.C.   § 504 of the Copyright Act, it states that "the copyright owner is entitled to recover the actual damages suffered by him or her as

658-554: The "short citation" of published cases. The Danish Court Administration is currently working on a public database which will make all judgments available to the public (currently only the Supreme Court as well as the Maritime and Commercial Court do this). The database is expected to implement the European Case Law Identifier , which will make uniform, neutral citations of decisions possible. In Germany there are two types of citation:

705-430: The $ 1.3 billion award amount. In her ruling Judge Hamilton stated: Oracle's suggestion – that upon proof of infringement, copyright plaintiffs are automatically entitled to seek "hypothetical" license damages because they are presumed to have suffered harm in the form of lost license fees – has no support in the law." SAP's motion for a new trial was granted, conditioned on Oracle rejecting a remittitur of $ 272 million,

752-472: The $ 408.7 million figure from Mr. Meyer since it included "ongoing impact" through 2015, and that was not supported by the facts, since SAP ceased TomorrowNow's operations in 2008. The court also rejected the $ 28 million figure from SAP's expert, because it was based on inadmissible evidence. Therefore, the court set the remittitur at $ 272 million. United States District Court for the Northern District of California The United States District Court for

799-574: The Circuit Judgeship, when he was succeeded by Olin Wellborn . On March 18, 1966, the Eastern and Central Districts were created from portions of the Northern and Southern Districts by 80 Stat. 75. As of May 7, 2024: Chief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief,

846-509: The German article . If decisions are not yet published by the court, or will not be published at all, law journals can be cited, e.g., Where NJW stands for the law journal Neue Juristische Wochenschrift , 2009 is the year, 1234 the page of the beginning and 1235 the cited page(s) – "f." stands for "seq.". In general, citations of the official collections are preferred. The Federal Court of Justice ( Bundesgerichtshof , short BGH) publishes

893-500: The German court name, and E stands for Entscheidung (decision). Starting in 2004, the court also publishes the BVerfGK collection, containing decisions made only by a Kammer , a specific panel of the court. The so-called Volkszählungsurteil  [ de ] for example could be cited in full and in short. For the meaning of the different case numbers of the BVerfG see

940-526: The Northern District of California (in case citations , N.D. Cal. ) is the federal United States district court whose jurisdiction comprises the following counties of California : Alameda , Contra Costa , Del Norte , Humboldt , Lake , Marin , Mendocino , Monterey , Napa , San Benito , San Francisco , San Mateo , Santa Clara , Santa Cruz , and Sonoma . The court hears cases in its courtrooms in Eureka , Oakland , San Francisco , and San Jose . It

987-478: The Northern District of California represents the United States in civil and criminal litigation in the court. As of March 21, 2023 the United States attorney is Ismail Ramsey . Case citation A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper,

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1034-415: The case in a law report. The standard format looks like this: There is a unique court identifier code for most courts. Denmark has no official standard or style guide governing case citation. However, most case citations include the same elements. Citations of decisions published in a reporter usually consist of the name or abbreviation of the reporter , the year or volume , the page number where

1081-538: The citation usually contains the following information: In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reported within its covers. In such citations, it is usual in these jurisdictions to apply square brackets "[year]" to

1128-491: The court would otherwise be qualified for the position. When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status , or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982. The United States Attorney for

1175-411: The customers did not hold a license, and thus, were not authorized to access. Initially, SAP admitted that TomorrowNow had accessed Oracle's software and support documentation using customers' credentials, but claimed they were entitled to do so as TomorrowNow had been contracted by those customers to provide third-party support for their Oracle products. Later, Oracle and SAP agreed to limit the scope of

1222-478: The decision begin (sometimes followed by an identifying number if more than one judgment is on a page), as well as the name or abbreviation of the court which decided the case . As an example, the "Aalborg Kloster-judgment", a precedent-setting Supreme Court judgment regarding strict liability , is published in Ugeskrift for Retsvæsen volume 1968 as the second judgment on page 84. A citation of this case could take

1269-509: The form U.1968.84/2H , UfR 1968 84/2 H , Ugeskrift for Retsvæsen 1968, p. 84/2 , or something similar. In this case U , UfR and Ugeskrift for Retsvæsen identify the reporter, 1968 identifies the year or volume, 84 identifies the starting page, /2 indicates that the judgment is the second one on that particular page, and H identifies the court which decided the case. Certain reporters, such as Tidsskrift for Skatter og Afgifter, do not identify published decisions by page number, but by

1316-419: The full citation of a case and its shortened form. In e.g. scientific articles, the full citation of a particular case is only used at its first occurrence; after that, its shortened form is used. In most law journals, the articles themselves only use the shortened form; the full citations for all articles sometimes are summarized at the beginning of that journals edition. A third type (yet not too widely spread)

1363-426: The infringement. According to SAP's calculation, the damages were between $ 28 million and $ 408.7 million. Oracle based their damages calculation on the hypothetical price it would have cost a customer to purchase all the software and support in order to legally access all the material downloaded by TomorrowNow, totaling $ 2 billion. On November 23, 2010, the jury awarded Oracle damages in the amount of $ 1.3 billion. This

1410-459: The jury trial, Paul Meyer, Oracle's damages expert, provided analysis that the hypothetical lost license fees were in the range from $ 881 million to $ 2.69 billion, and thus the jury verdict was for $ 1.3 billion. However, the "verdict grossly exceeded the actual harm to Oracle in the form of lost customers," which was estimated by Mr. Meyer at either $ 408.7 million or $ 272 million, and estimated by SAP's damages expert at $ 28 million. The court rejected

1457-530: The late 1990s, however, much of the legal community has converged to a single standard—formulated in The Canadian Guide to Uniform Legal Citation / Manuel canadien de la référence juridique , commonly known as the " McGill Guide " after the McGill Law Journal , which first published it. The following format reflects this standard: Broken into its component parts, the format is: The Style of Cause

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1504-972: The methods of citation used in England . A widely used guide to Australian legal citation is the Australian Guide to Legal Citation , commonly known as AGLC, published jointly by the Melbourne University Law Review and the Melbourne Journal of International Law . The standard case citation format in Australia is: As in Canada , there has been divergence among citation styles. There exist commercial citation guides published by Butterworths and other legal publishing companies, academic citation styles and court citation styles. Each court in Australia may cite

1551-558: The most common American pronunciations interchangeably: This is the process of analysis that is quite familiar to the Court, very lengthily laid out by Justice Harlan in his dissent in Poe versus Ullman, and then adumbrated in his concurring opinion in Griswold against Connecticut. ... Well, I think that that is the necessary consequence of Roe vee Wade. Legal citation in Australia generally mirrors

1598-521: The names of the opposing parties are separated in the case title by the abbreviation v (usually written as v in Commonwealth countries and usually as v. in the U.S. ) of the Latin word versus , which means against . When case titles are read out loud, the v can be pronounced, depending on the context, as and , against , versus , or vee . Most Commonwealth countries follow English legal style: In

1645-461: The office of chief judge rotates among the district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. The age restrictions are waived if no members of

1692-406: The official collections BGHSt  [ de ] for its criminal law decisions and BGHZ  [ de ] for those in private law . The Katzenkönigfall  [ de ] e.g. would be cited in full and in short (in this example, the page cited is not specifically page 347 but that and those which follow, as indicated by the abbreviation "ff."). The official collection of

1739-547: The print citation. For example, This format was adopted as the standard in 2006, in the sixth edition of the McGill Guide. Prior to this format, the opposite order of parallel citation was used. The seventh edition of the McGill Guide, published 2010-08-20, removes most full stop/period (".") characters from the citations, e.g., a citation to the Supreme Court Reports that previously would have been [2005] 1 S.C.R. 791,

1786-504: The publication of the case in a law report. Most cases are now published on AustLII using neutral citations. The standard format looks like this: So the above-mentioned Mabo case would then be cited like this: Mabo v Queensland (No 2) [1992] HCA 23. There is a unique court identifier code for most courts. The court and tribunal identifiers include: There are a number of citation standards in Canada. Many legal publishing companies and schools have their own standard for citation. Since

1833-488: The publication year (which may not be the year that the case was decided: for example, a case decided in December 2001 may have been reported in 2002). The Internet brought with it the opportunity for courts to publish their decisions on websites and most published court decisions now appear in that way. They can be found through many national and other websites, such as WorldLII and AfricanLII , that are operated by members of

1880-493: The same case slightly differently. There is presently a movement in convergence to the comprehensive academic citation style of the Australian Guide to Legal Citation published jointly by the Melbourne University Law Review and the Melbourne Journal of International Law . Australian courts and tribunals have now adopted a neutral citation standard for case law. The format provides a naming system that does not depend on

1927-413: The subject title. If the year of decision is the same as the year of the report and the date is a part of the reporter's citation, then the date need not be listed after the style of cause . If the date of the decision is different from the year of the report, then both should be shown. Where available, cases should be cited with their neutral citation immediately after the style of cause and preceding

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1974-451: The trial to solely the copyright infringement claim and the damages. SAP offered to admit that TomorrowNow had indeed infringed Oracle's copyrights, leaving the jury court to only determine the amount of damages. On the issue of damages, the two parties presented calculations that were vastly different. SAP claimed that Oracle had not suffered any losses and SAP/TomorrowNow had gained no financial benefit (rather they had lost $ 90 million) from

2021-467: Was a company based in Bryan, Texas, which specialized in offering third-party technical service and support for enterprise software systems, including systems from PeopleSoft and JD Edwards . TomorrowNow was acquired by SAP AG in 2005 and became a wholly owned subsidiary of SAP. PeopleSoft acquired JD Edwards in 2003 and then Oracle Corporation acquired PeopleSoft in 2005. On March 22, 2007, Oracle filed

2068-559: Was abolished and the State made to constitute a single district – the United States District Court for the District of California – by Act of Congress approved July 27, 1866, 14 Stat. 300. Twenty years later, on August 5, 1886, Congress re-created the Southern District of California by 24 Stat. 308. Erskine M. Ross was appointed Judge of the new district and served until his promotion to

2115-474: Was at the 37th parallel of North Latitude. The creating act provided that: The Act of August 31, 1852 made the Judge of the Northern District be Judge of the Southern District as well until otherwise provided, by 10 Stat. 76, 84, effectively creating a single District in all but name until an Act of January 18, 1854 provided for the appointment of a Judge for the Southern District. The Southern District of California

2162-400: Was no evidence that Oracle would have licensed to SAP or if the two parties would have ever agreed to any license, so the hypothetical lost license fees could not be the award damages. Hypothetical lost license fees can be used to calculate actual damages, but they do not imply automatic entitlement of damages. Actual proof is required for objective, non-speculative lost license price. During

2209-418: Was the highest amount of damages ever awarded in a copyright infringement case. On July 13, 2011, SAP motioned for seeking judgment as a matter of law that actual damages should not be based on hypothetical licenses, and for a new trial for the amount of damages. On September 1, 2011, U.S. District Judge Phyllis Hamilton granted the judgment as a matter of law on the hypothetical license damages, and vacated

#1998