Actual Damages and Statutory Damages on Copyright lawsuits –Higbee cases

[kingkendall]

I like to pose a question for the legal experts in the forum.  Based on my research I have come to learn when it comes to copyright lawsuits the plaintiff can only go after actual damages (lost profits or such due to defendants copyright infringements) OR statutory damages as per what the dollar amount the copyright laws allow.  You cannot ask for both!  However on many CI lawsuits filed by Matthew Higbee he is asking for both actual damages and statutory damages.  So what gives?  He’s not an Intellectual Property lawyer.  Could this be the reason?     

[icepick]

It depends on which section of the pleading you are looking at. There are usually a bunch of recitals etc. that are standard and cite the basis for statutory and actual damages. After the recitals there is usually a "prayer for relief" section and that is where they are electing which damages they want.

He makes mistakes in his cut and paste pleadings though so I wouldn't be surprised if he messed up somewhere and asked for both. Most judges won't even blink at errors like that unless the other party moves on the pleading errors.

[kingkendall]

Most judges won't even blink at errors like that unless the other party moves on the pleading errors.

Doesn't this reflect poorly on plantiff's counsel and how judges view the merits of the case?

[icepick]

In a perfect world it would but in the real world I wouldn't count on it. Plus, if I was the defendant in a Higbee case I would be running to a jury trial instead of leaving it to a judge if it was a believable innocent mistake.

Most judges won't even blink at errors like that unless the other party moves on the pleading errors.

Doesn't this reflect poorly on plantiff's counsel and how judges view the merits of the case?

[kingkendall]

In a perfect world it would but in the real world I wouldn't count on it. Plus, if I was the defendant in a Higbee case I would be running to a jury trial instead of leaving it to a judge if it was a believable innocent mistake. 

Wow, that's disappointing to hear!  Thanks.