On appeal, St. Luke’s argues that the district court erred by: (1) denying its motion for a new trial on its copyright infringement claim; (2) limiting the scope of its copyright to the 2003 version of the LaserSpecialist.com website; (3) finding that the damages awarded on its cyberpiracy and service mark infringement claims were duplicative; and (4) failing to exclude the testimony of Dr. Sanderson’s expert witness Patricia Perzel. Dr. Sanderson cross-appeals and challenges: (1) the district court’s denial of his motion for judgment as a matter of law on St. Luke’s service mark infringement and unfair competition claims; (2) the sufficiency of the evidence to support the award of profits, punitive damages, and attorney’s fees to St. Luke’s; and (3) the number of attorney hours in the district court’s attorney’s fees award. After review and oral argument, we vacate and remand as to the district court’s determination of duplicative damages, but affirm as to all other issues raised in St. Luke’s appeal and Dr. Sanderson’s cross-appeal.
Download St. Luke's Cataract & Laser Inst., P.A. v. Sanderson
