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Results: 1-10 of 75

Court reminds plaintiff of Rule 11 obligation in adult movie download case

  • Holland & Knight LLP
  • -
  • USA
  • -
  • August 24 2012

Judge Kim denied two Doe defendants’ motions to quash subpoenas to their Internet service providers in this copyright case involving BitTorrent downloads of adult movies as part of a “swarm.”

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

  • Holland & Knight LLP
  • -
  • USA
  • -
  • 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

Plaintiff may not dismiss claims in response to summary judgment motion

  • Holland & Knight LLP
  • -
  • USA
  • -
  • October 20 2014

Judge St. Eve, after previously deferring ruling to allow the parties to work out procedural disputes, granted defendant John Wiley & Sons’ motion

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

  • Holland & Knight LLP
  • -
  • USA
  • -
  • 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

Lady Gaga’s “Judas” does not infringe copyright

  • Holland & Knight LLP
  • -
  • USA
  • -
  • November 14 2014

Judge Aspen granted defendants’ Fed. R Civ. P. 56 motion for summary judgment because no reasonable trier of fact could find defendant Lady Gaga’s

Lack of Local Rule 56.1 support prevents summary judgment

  • Holland & Knight LLP
  • -
  • USA
  • -
  • November 26 2014

Judge Feinerman granted in part plaintiff Panoramic’s partial summary judgment motion and denied defendant Wiley’s partial summary judgment motion as

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

  • Holland & Knight LLP
  • -
  • USA
  • -
  • April 3 2013

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

BitTorrent: motion to quash is not a proper vehicle for severing does

  • Holland & Knight LLP
  • -
  • USA
  • -
  • October 29 2014

Judge Leinenweber denied Doe 39s motion to quash a pre-discovery subpoena in this BitTorrent case involving the motion picture “Under the Bed.” At

Court grants summary judgment based upon no likelihood of confusion

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 11 2013

Judge Nolan granted defendant E. Mishan & Sons (“EMS”) motion for summary judgment on plaintiff Hearthware’s copyright, Lanham Act and related state law

Repeated improper filings may lead to dismissal

  • Holland & Knight LLP
  • -
  • USA
  • -
  • September 5 2012

Judge Shadur sua sponte issued an order requiring pro se plaintiff to appear and answer the Court’s questions regarding whether plaintiff’s filings met the Fed. R. Civ. P. 11(b) requirement of objective good faith based upon a series of events in the case including: Plaintiff brought her copyright infringement claims despite an arbitration clause in its publishing agreement with defendant Lulu.com