United States Eleventh Circuit

In a malicious prosecution suit based on an underlying, allegedly meritless patent infringement action, partial judgment for plaintiff is affirmed where: 1) sufficient evidence supported the jury's conclusions that Dow filed the patent infringement suit without the requisite probable cause and did not rely in good faith on the advice of counsel; 2) the evidence was not sufficient to meet the clear and convincing standard required for an award of punitive damages; and 3) the district court did not err in excluding plaintiff's loss of goodwill theory of damages.

Appellate Information

• Decided 06/15/2010
• Published 06/15/2010

Judges

• ANDERSON, Circuit Judge:, Before MARCUS, FAY and ANDERSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel