United States Ninth Circuit

A punitive damages award in a breach of confidence claim, against a software company for its use of image file databases similar to appellant's, is improper where appellant already recovered for express breach of contract; appellant is entitled to costs after a non-FRCP 68 settlement offer.

Appellate Information

• Argued 03/13/2002
• Decided 05/09/2002
• Published 05/09/2002

Judges

• Before HUG and TASHIMA, Circuit Judges, and SEDWICK, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James E. Houpt,Orrick, Herrington & Sutcliffe LLP, Sacramento, CA, for Dennis Berkla., Bradford C. Lewis and Patrick Eugene Premo, Fenwick & West LLP, Palo Alto, CA, for Corel Corporation and Corel Corporation (USA) Inc.