ASK Chemicals, LP v. Computer Packages, Inc.

United States Court of Appeals for the Ninth Circuit

593 Fed. Appx. 506 (2014)

Relevant factsFree

CPI (defendant) admittedly breached its contract to maintain ASK's (plaintiff) Japanese patent, which lapsed as a result, but ASK had never made any actual Japanese sales and had no Japan-specific sales, expense, or market data — only records from its established, different U.S. and European markets.

IssueFree

Whether an injured party must establish both the existence and the amount of its lost profits with reasonable certainty to recover the lost profits as consequential damages for a breach of contract.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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