13 Nov D.C. Circuit vacates copyright infringement restitution order where no loss evidence was presented.
Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit vacated a $740 million restitution award to Adobe Systems, Inc., against a man who pled guilty to copyright infringement. The restitution order was vacated for the prosecution’s failure to provide sentencing evidence of Adobe’s losses from the infringement. Instead, the prosecution only provided evidence of the defendant’s gains. U.S. v. Fair, ___F.3d __ (D.C. Cir., Nov. 9, 2012).