Does Oracle have sufficient evidence to prove that it is liable for the additional elements of secondary liability?
MultiRegion, United States of America
The following excerpt is from Oracle Am., Inc. v. Hewlett Packard Enter. Co., 971 F.3d 1042 (9th Cir. 2020):
9 We decline to resolve in the first instance whether Oracle produced sufficient evidence on the additional elements of secondary liability because the district court never considered those issues. Shirk v. U.S. ex rel. Dep't of Interior , 773 F.3d 999, 1007 (9th Cir. 2014).
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