WhitServe, LLC v. Computer Packages, Inc.

WhitServe, LLC v. Computer Packages, Inc.

Fed. Cir. (2012)

Fitzpatrick Succeeds In Vacating Excessive Damages Award Against Client Computer Packages, Inc.

On August 7, 2012, the United States Court of Appeals for the Federal Circuit vacated a jury damages award against Fitzpatrick client Computer Packages, Inc. and remanded the case for a new trial on damages. In so doing, Fitzpatrick succeeded in proving that the damages award was not supported by the evidence, and improperly based on theories that were “arbitrary, unreliable and irrelevant,” “speculative,” and “out of line with economic reality.”

Computer Packages, Inc. was represented on appeal by Fitzpatrick attorneys John A. Krause, Robert H. Fischer, Douglas Sharrott and Josh Calabro.