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Results: 1-10 of 94

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


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


Akamai reverses (another) summary judgment decision
  • Holland & Knight LLP
  • USA
  • February 4 2013

Judge St. Eve granted plaintiff CIVIX-DDI’s Fed. R. Civ. P. 54(b) motion to reconsider the Court’s finding of summary judgment of non-infringement


Eye of the Tiger: Survivor survives motion to dismiss
  • Holland & Knight LLP
  • USA
  • March 7 2011

Judge Coleman denied counter-defendants' (collectively "Survivor Music") Fed. R. Civ. P. 12(b)(6) motion to dismiss counter-plaintiffs' breach of contract and related claims in this dispute over royalties due based upon the copyrighted songs of the band Survivor -- Eye of the Tiger was one of their big hits


Attempts to resolve dispute do not prevent a preliminary injunction
  • Holland & Knight LLP
  • USA
  • December 16 2011

Judge Grady granted plaintiff Flava Works' motion for a preliminary injunction in this copyright case involving adult movies, and ordered the parties to confer on language for the preliminary injunction


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


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


Dropped copyright claim alone cannot be the basis for copyright misuse
  • Holland & Knight LLP
  • USA
  • March 14 2014

Judge Keys granted in part defendant McDonnell Boehnen’s (“MBHB”) Fed. R. Civ. P. 37 motion to compel document production and interrogatory responses


Out-of-state lawyer avoids fine for failure to comply with local rules
  • Holland & Knight LLP
  • USA
  • March 11 2011

Judge Shadur dismissed defendant Doe 300's motion to quash a subpoena in this copyright case, for numerous failures to comply with the Local Rules


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