On June 27, 2018, Judge Kinkeade entered an Order (available here). The Order granted Defendants’ motion for judgment as a matter of law on Plaintiffs’ false designation of origin claim. The jury had awarded $250 million on this claim against the three Defendants for false designation. The Court found that Plaintiffs’ damages expert had testified only as to damages resulting from stolen trade secrets. The Court agreed with Defendants that “there is no evidence regarding any actual damages Plaintiffs suffered from Defendants’ unauthorized use of Plaintiffs’ marks that would support the jury’s monetary award.”
The Court then entered Final Judgment (available here) against Oculus for $200 million on Plaintiffs’ breach-of-contract claim and $50 million on Plaintiffs’ copyright-infringement claim.