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Counterclaim need not plead facts to overcome statute of limitations affirmative defense

Holland & Knight LLP
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USA
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June 17 2013

Judge Shadur denied plaintiff Flava Works’ Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant’s copyright infringement counterclaims. The fact that

Court sua sponte orders production of evidence and a hearing on a copyright issue

Holland & Knight LLP
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USA
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June 15 2013

Judge Shadur, after reading plaintiff FlavaWorks’ answer to defendant’s copyright counterclaims, sua sponte ordered FlavaWorks to produce a copy of

Maps, not underlying data, warrant copyright protection

Holland & Knight LLP
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USA
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July 18 2011

Judge Pallmeyer granted plaintiff Nielsen's: 1) Fed. R. Civ. P. 12(b)(1) motion to dismiss defendant Truck Ads' declaratory judgment claim for lack of copyright infringement; and 2) Fed. R. Civ. P. 56 motion for summary judgment regarding Truck Ads' copyright misuse counterclaim in this copyright case regarding Nielsen's designated marketing area ("DMA") maps

Elton John’s “Nikita” does not infringe copyright in song “Natasha”

Holland & Knight LLP
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USA
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February 15 2013

Judge St. Eve dismissed plaintiff’s copyright and related state law claims against Elton John, Bernard Taupin and Big Pig Music (collectively

Doe defendant allowed to use pseudonym in porn download case to avoid abusive litigation tactics

Holland & Knight LLP
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USA
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December 14 2012

Judge Tharp denied Doe defendant’s motion to quash a subpoena seeking his identifying information from his cable provider in this BitTorrent copyright case, but allowed the Doe to proceed in the suit using a pseudonym

Copyright management information must be on same web page

Holland & Knight LLP
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USA
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October 15 2012

Judge Kendall denied plaintiff Personal Keepsakes’ (“PKI”) motion to reconsider in this copyright and Digital Millenium Copyright Act (“DMCA”) case

Plaintiff need not attach copyright registration to complaint

Holland & Knight LLP
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USA
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April 27 2011

Judge Gottschall denied plaintiff Golden's motion to dismiss or for a more definite statement pursuant to Fed. R. Civ. P. 12(b)(6) & (e) in this copyright dispute over real estate listings

Default judgment requires damages prove-up

Holland & Knight LLP
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USA
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August 31 2012

Judge Shadur acknowledged that pro se plaintiff’s motion for default was timely in this copyright infringement case

Spoliation sanctions were premature until the parties determined whether evidence was actually destroyed

Holland & Knight LLP
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USA
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April 3 2013

Judge Holderman denied without prejudice plaintiff’s motion for sanctions based upon alleged spoliation of evidence in this copyright case involving

Copyright infringement claims do not guarantee preliminary injunction

Holland & Knight LLP
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USA
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May 2 2012

Judge Dow denied plaintiff’s motion for a preliminary injunction to prevent further alleged infringement of plaintiff’s photographs and denied defendant John Wiley & Sons’ motion to dismiss plaintiff’s fraud claim