Continuance Granted
Bad cases may make bad law on occasion, but different facts make different outcomes all the time.
Judge Roy S. Payne (USMJ)
MPSJ of No Direct Infringement – Odds Anyone?
Yeah, I didn’t think so. But the opinion is still a useful guide to infringement and how genuine issues of material fact work.
Control
It is unclear whether the game was inspired by the recurring dispute as over parties’ “right of control” over documents held by third parties. But this opinion is a lot more fun if you assume it is.
Marking
There’s no tool in my woodshop that I think is as cool as my marking gauge. As a result, every time I see a dispute under § 287, I have a completely different mental image from what you’d expect. Like on this MSJ on damages on unmarked products.
“Not Clearly Doomed From the Start”
“Alex, what’s the threshold for avoiding Section 285 liability?”
Dismissal, Not More Definite Statement
FRCP 12(b)(6) motions are sometimes joined with 12(e) requests for more information. This order granted or denied the former – no repleading required.
Divisional Transfer
Why would ANYONE want to go to Sherman when they can go to Marshall and see this beautiful courtroom? Words fail me. They failed the Court too.
Call of Duty 4: Copyright & DMCA Damage Claims
Defendants filed a motion to compel seeking damages info in this case dealing with a professional wrestler and an online combat game. Which makes this post both adorable and informative.
More COVID-19 Rescheduling Attempts
Two motions – one to continue case deadlines, and the second requiring production of witnesses overseas.
Production of Licensing Documents?
Relevance and proportionality play a major role in the Court’s decision, as you might guess.