Re: cert petition granted

Terry Carroll <carroll[_at_]tjc.com> wrote:
>
> Is there a circuit split on this? What are the lower court case(s)?
>

According to the QP, there is a split, with three circuits saying statutory damages are to be set by a jury, and five circuits saying they are to be set by a judge. The case is Feltner v. Columbia Pictures, 106 F.3d 284 (9th Cir. 1997). It held that the question was one for the judge. I know that there was an Eighth Circuit 1995 decision going the other way; presumably it is cited in Feltner.

Mark Lemley
Assistant Professor, University of Texas School of Law Of Counsel, Fish & Richardson, P.C.
mlemley[_at_]mail.law.utexas.edu

For information on the Intellectual Property program at UT, see http://www.utexas.edu/law/acadaff/intelprop/

For information on the 1998 Computers, Freedom and Privacy conference, see http://www.cfp.org

For a list of my publications, and how to find them, see http://www.law.utexas.edu/lemley/pubs.htm Received on Mon Oct 20 1997 - 17:42:19 GMT