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Results: 1-10 of 93

Rule 12 not the proper basis for statute of limitations dismissals
  • Holland & Knight LLP
  • USA
  • October 30 2015

Judge Lee denied defendants (collectively “Team One”) Fed. R. Civ. P. 12(b)(6) motion to dismiss Plaintiff’s copyright infringement claims as barred


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.”


Individual Copyright Claims Must Differentiate Between Corporate and Individual Liability
  • Holland & Knight LLP
  • USA
  • April 12 2017

Judge Kocoras granted in part with leave to replead defendant’s Fed. R. Civ. P. 12 (b)(6) motion to dismiss in this copyright dispute


Copyright Act preempts misappropriation claim
  • Holland & Knight LLP
  • USA
  • November 19 2012

Judge St. Eve granted in part plaintiff Morningware’s motion for summary judgment as to defendant Hearthware’s Deceptive Trade Practices Act, Lanham Act and related state law counterclaims


Party Cannot Challenge Third Party Subpoena Based Upon Third Party’s Burden
  • Holland & Knight LLP
  • USA
  • July 1 2016

Judge Darrah denied Doe 7’s motion to quash plaintiff Glacier Films’ subpoena to third party Comcast, Doe 7’s alleged internet service provider


Court awards statutory copyright damages in default judgment
  • Holland & Knight LLP
  • USA
  • October 28 2015

Judge St. Eve granted in part plaintiffs’ motion for default judgment in this music copyright case involving three reggae songs. The Court awarded


Discovery rule applies to 7th Circuit copyright claims
  • Holland & Knight LLP
  • USA
  • March 11 2015

Judge Pallmeyer denied defendant McGraw-Hill’s motion for summary judgment regarding a statute of limitations and granted in part plaintiff Panoramic


Discovery limited to avoid a fishing expedition
  • Holland & Knight LLP
  • USA
  • August 5 2013

Judge Keys granted in part defendant MBHB’s motion to compel document production and request for admission responses in this copyright case involving


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


Plaintiff need not attach copyright registration to complaint
  • Holland & Knight LLP
  • USA
  • 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