Simulados Software, Ltd. v. Photon Infotech Private, Ltd.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
SIMULADOS SOFTWARE, LTD.,
Case No. 5:12-cv-04382-EJD Plaintiff, ORDER ADDRESSING POST-APPEAL v. MATTERS 10 PHOTON INFOTECH PRIVATE, LTD., Re: Dkt. Nos. 207, 212 11 Defendant.
On May 7, 2019, the Ninth Circuit affirmed in part, reversed in part, vacated, and remanded this Court’s September 2017 Order Denying Defendant’s Motion for Judgment as a Matter of Law. The Parties construe the Ninth Circuit’s Memorandum differently, which the Court resolves below. The Court finds this motion suitable for consideration without oral argument. See N.D. Cal. Civ. L.R. 7-1(b). Having considered the Parties’ papers, the Court holds that pursuant to the bar on double recovery, Plaintiff may not recover contract and tort damages. However, under the economic loss rule, Plaintiff may recover tort damages instead of contract damages. The Court also holds that the contractual cap on…