Grande Seeks New Trial After Jury Found It Liable for $46.77M in Damages

Defendant Grande Communications Networks renewed its motion for judgment as a matter of law, and alternatively requests a new trial, the internet service provider told the U.S. District Court for Western Texas in Austin Monday (docket 1:17-cv-00365). A jury awarded $46.77 million in statutory damages Nov. 3 to several record labels for Grande’s willful contributory infringement of 1,403 copyrighted works (see 2211040023). The labels alleged Grande turned a blind eye to the wrongdoing of its subscribers. Grande maintains there was “insufficient evidence” of direct infringement that warranted holding the ISP liable, said its renewed motion. “The evidence at trial was also legally insufficient to prove that Grande was willfully blind to specific instances of direct copyright infringement,” it said. The evidence was insufficient to prove Grande’s contributory infringement was willful, it said. Grande says there were “prejudicial errors in the admission and exclusion of evidence, resulting in an unfair trial, a verdict against the weight of the evidence, and excessive damages.” That warrants granting Grande a new trial if the court denies its renewed motion for judgment as a matter of law, it said.