Significant Win for Kasznar Leonardos as Appellate Court Raises Compensation in Software Infringement Case

Kasznar Leonardos is pleased to announce an important victory before the São Paulo Court of Appeals in a software license compliance action filed on behalf of one of our clients, a leading software developer.

At the trial court level, our firm filed a lawsuit seeking a court-ordered inspection of all computers and servers owned by the defendant company. The injunction was granted, and the court-appointed expert, accompanied by attorneys from our Litigation team, conducted a full onsite inspection. The examination confirmed the use of at least three unlicensed copies of our client’s software.

Following extensive procedural dispute, the trial court issued a judgment in favor of our client. However, the decision contained an error in the methodology used to calculate damages. Both parties appealed.

Last week, the São Paulo Court of Appeals rendered its decision. Based on the arguments submitted by our firm, as well as the oral argument presented by our Litigation team, the Court unanimously denied the defendant’s appeal and granted our client’s appeal. The Court corrected the damages calculation and held that the defendant must pay compensation equivalent to five times the market value of each illicit license identified during the inspection. Furthermore, the Court ordered the defendant to reimburse all procedural expenses incurred by our client throughout the litigation, including court costs and the fees of the court expert.

This is a significant victory achieved jointly by the Litigation and License Compliance teams at Kasznar Leonardos. It reinforces the alignment of the Brazilian Judiciary with the protection of intellectual property rights, including those related to software, and demonstrates our firm’s continued commitment to safeguarding our clients’ technologies and commercial interests.

For additional information about our License Compliance practice or to discuss similar matters, our team remains at your disposal.