Case Digests

Design With Friends, Inc. v. Target Corp.

Publication Date: 2024-09-24
Practice Area: Copyrights
Industry: E-Commerce | Retail | Software
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Douglas Daniel Herrmann, James Harry Stone Levine, Ben L. Wagner, Howard W. Wisnia, Ryan A. Lewis, Sean P. McConnell, Troutman Pepper Hamilton Sanders, LLP, Wilmington, DE for plaintiff.
for defendant: AnnaMartina Tyreus Hufnal, Douglas Edward McCann, Kelly A. Del Dotto, Adam J. Kessel, Jessica Cohen-Nowak, Juanita R. Brooks, Katherine H. Reardon, Kayleigh E. McGlynn, Kenton W. Freeman, Kristen McCallion, Ryan McKay, Ryan V. Petty, Vivian Cheng, Fish & Richardson, P.C., Wilmington, DE for defendant.
Case Number: 1:21-cv-01376-SB

Court declined parties' cross-motions for summary judgment where distinctive look of functional website was entitled to copyright protection and the question of substantial similarity was sufficiently close to go to the jury.

Thomson Reuters Enter. Centre GmbH v. Ross Intelligence Inc.

Publication Date: 2024-08-20
Practice Area: Copyrights
Industry: E-Commerce | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Jack B. Blumenfeld, Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dale M. Cendali, Jeremy King, Eric A. Loverro, Joshua L. Simmons, Kirkland & Ellis LLP, New York, NY; Miranda Means, Kirkland & Ellis LLP, Boston, MA; Yungmoon Chang, Allyn Belusko, Kirkland & Ellis LLP, Los Angeles, CA for plaintiffs.
for defendant: David Ellis Moore, Bindu Ann George Palapura, Andrew L. Brown, Potter Anderson & Corroon LLP, Wilmington, DE; Warrington Parker, Joachim B. Steinberg, Jacob Canter, Christopher J. Banks, Anna Z. Saber, Crowell & Moring LLP, San Francisco, CA; Mark A. Klapow, Crinesha B. Berry, Lisa Kimmel, Crowell & Moring LLP, Washington, D.C.; Emily T. Kuwahara, Jordan Ludwig, Crowell & Moring LLP, Los Angeles, CA; Ryan Henry Seewald, Crowell & Moring LLP, Denver, CO for defendant.
Case Number: 1:20-cv-613-SB

Expert opinion on liability was not unreliable where it detailed how data for comparison was selected, as limited qualitative analysis did not automatically render the opinion unreliable.

Deloitte Consulting LLP v. Sagitec Solutions LLC

Publication Date: 2024-04-22
Practice Area: Copyrights
Industry: Consulting | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 23-325-WCB

Court denied renewed motion for stay pending resolution of interlocutory appeal in related criminal matter where no unexpected events had occurred in that matter and the scope of the limited stay would mean the defendants in the criminal matter would remain unavailable to testify due to their Fifth Amendment privilege.

Deloitte Consulting LLP v. Sagitec Solutions LLC

Publication Date: 2023-10-02
Practice Area: Copyrights
Industry: Consulting | Software
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 23-325-WCB

Court declined to stay civil suit pending related criminal action against defendant's former employees where the procedural posture of the criminal action meant any delay would likely be long, while there was the potential that factual overlap between the cases would be eliminated through dismissal of charges and any prejudice to defendant was limited to being unable to obtain evidence from its former employees.

Design With Friends, Inc. v. Target Corp.

Publication Date: 2022-10-11
Practice Area: Copyrights
Industry: Retail | Software
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Douglas Daniel Herrmann, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Ben L. Wagner, Troutman Pepper Hamilton Sanders LLP, San Diego, CA; Lindsay Mitchell Henner, Troutman Pepper Hamilton Sanders LLP, Atlanta, GA; Howard Wisnia, Wisnia PC, San Diego, CA for plaintiffs.
for defendant: Martina Tyreus Hufnal, Fish & Richardson P.C., Wilmington, DE; Kristen McCallion, Vivian Cheng, Fish & Richardson P.C., New York, NY for defendant.
Case Number: 1:21-cv-01376-SB

Court declined to dismiss copyright infringement claim arising from alleged copying of the computer code for plaintiff's online program where plaintiff plausibly alleged that defendant copied the code to reverse engineer its own version of the program.

Enigwe v. Amazon.com Servs., LLC

Publication Date: 2022-07-26
Practice Area: Copyrights
Industry: E-Commerce | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Ifedoo Enigwe, Philadelphia, PA, pro se plaintiff.
for defendant: Brandon Ryan Harper, Potter Anderson & Corroon LLP, Wilmington, DE; Craig E. Pinkus, Philip Zimmerly, Bose McKinney & Evans LLP, Indianapolis, IN; Alan Richard Silverstein, Connolly Gallagher LLP, Wilmington, DE; Nicholas D. Mozal, Potter Anderson & Corroon, LLP, Wilmington, DE for defendants.
Case Number: D69896

Although plaintiff alleged plausible copyright infringement claim pursuant to his original agreement with his publisher, the applicability of a later settlement between plaintiff and publisher had to be resolved by an Indiana court pursuant to the settlement's forum selection clause.

Enigwe v. Amazon.com Servs., LLC

Publication Date: 2022-02-15
Practice Area: Copyrights
Industry: E-Commerce | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Ifedoo Enigwe, pro se plaintiff,
for defendant: Philadelphia, PA; Craig E. Pinkus, Philip Zimmerly, Bose Mckinney & Evans LLP, Indianapolis, IA; Craig E. Pinkus, Philip Zimmerly, Bose Mckinney & Evans LLP, Indianapolis, IA; Nicholas D. Mozal, Potter Anderson & Corroon, LLP, Wilmington, DE for defendants.
Case Number: D69716

Copyright infringement claims failed where settlement between author and publisher did not expressly terminate publisher's contractual right to publish and sell the author's book.

Thomson Reuters Enter. Centre GmbH v. ROSS Intelligence Inc.

Publication Date: 2021-04-14
Practice Area: Copyrights
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Jack B. Blumenfeld, Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dale M. Cendali, Joshua L. Simmons, Eric A. Loverro, Kirkland & Ellis LLP, New York, NY for plaintiffs.
for defendant: David E. Moore, Stephanie E. O’Byrne, Tracey E. Timlin, Potter Anderson & Corroon LLP, Wilmington, DE; Gabriel M. Ramsey, Kayvan M. Ghaffari, Crowell & Moring LLP, San Francisco, CA; Mark A. Klapow, Joshua M. Rychlinski, Crowell & Moring LLP, Washington, DC for defendant.
Case Number: D69365

The court denied defendant's motions to dismiss, because plaintiff adequately stated its claims for copyright infringement and tortious interference with a contractual relationship.

Yellow Pages Photos, Inc. v. Dex Media, Inc.

Publication Date: 2018-12-19
Practice Area: Bankruptcy | Copyrights
Industry: Advertising | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff:
for defendant:
Case Number: D68396

The bankruptcy court properly dismissed counterclaims based on claim preclusion, judicial estoppel and col-lateral estoppel, and its fee award was objectively reasonable.

Dex Media, Inc. v. Yellow Pages Photos, Inc., DEFAX Case No. 67617 (Del. Bank. Jan. 19, 2017), Gross, B.J. (18 pages).

Publication Date: 2017-02-08
Practice Area: Copyrights
Industry: Technology Media and Telecom
Court: U.S. Bankruptcy Court of Delaware
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: